Dr. Kasturirangan Committee Report on BBMP

1

2

Report of the Expert Committee

on

GOVERNANCE IN THE BANGALORE METROPOLITAN REGION

AND

BRUHAT BANGALORE MAHANAGARA PALIKE

Bangalore, March 2008

I

FFFF O R E W O R DO R E W O R DO R E W O R DO R E W O R D

It gives me an immense sense of satisfaction to place on behalf

of the Expert Committee, the Report on Governance in the Bangalore

Metropolitan Region and the Bruhat Bangalore Mahanagara Palike.

All of us in the Committee were only too aware of the

challenges that had to be grappled with, in taking on the assignment

of setting forth a new framework for Bangalore’s governance – a

city, whose rise to the status of a metropolis has been much more

rapid compared to other large cities in the country. The Committee’s

deliberations were ably supported by members, whose profiles

exhibited a vigorous blend of sound practical experience and deep

knowledge in matters of urban governance apart from expertise in

management, science and information technology. This enabled a

comprehensive perspective of the contentious issues and problems

that beset Bangalore today. These issues include urban management

concerns as well as the imperatives of sustaining the growth of a city

that is globally acclaimed for its contribution to the development of

the knowledge economy. Such acclaim casts a responsibility on the

Government as well as others concerned, to establish a structure of

governance which can nurture the development of the city and the

vibrancy of its economy. More importantly, it should be participatory

and inclusive of the citizenry.

The Committee held consultations across a broad spectrum,

representing different sections of society namely, political leaders,

business associations, NGOs, CBOs, eminent persons and

government officers. The insights gained during these consultations

were extremely useful in shaping this Report.

Our recommendations are far reaching in terms of calling for a

major shift in the planning paradigms and a significant

restructuring of the political and administrative machinery, for

better governance. It may, at first sight, appear somewhat radical.

But the Committee believes that such a comprehensive overhaul is

called for, in the interest of adroit management of the growth of this

region, with a view to realize its dynamic development potential.

II

I would like to thank the members for their patience and

cooperation, despite their busy schedules, in helping to put together

this Report. The Committee would also like to place on record its

appreciation for the inputs received from several senior officers of the

Urban Development Department and other departments of

Government of Karnataka, which helped the Committee in

understanding and appreciating the complexities, before arriving at

its conclusions and recommendations.

In particular, the Committee expresses its deep appreciation

to Ms. Lakshmi Venkatachalam, who was the Principal Secretary to

Government, Urban Development Department, at the time the

Committee was constituted and to Shri K. Jothiramalingam, the

present Principal Secretary, for their un-stinted support during the

process of deliberations. Ms. Lakshmi Venkatachalam continued to

assist the Committee in her present capacity as Prinicipal Secretary

to Government, Planning Department, till the completion of the

Report.

The submission of the Report is only the beginning. The real

test lies in implementation of its recommendations and that too in

the shortest time possible, as Bangalore cannot wait!

All the members of the Committee join me in commending the

Report to the Government of Karnataka for acceptance.

III

C O N T E N T S

Page No.

1. Executive Summary ………………………………………............ 1 to 17

2. Introduction ……………………………………………………..... 18 to 22

3. Urban Governance in India ……………………………………... 23 to 29

4. Metropolitan Governance ……………………………………….. 30 to 45

5. Planning for the Bangalore Metropolitan Region …………....... 46 to 61

6. Reorganization of Bruhat Bangalore Mahanagara Palike

(Greater Bangalore Municipal Corporation) ………………..….

62 to 85

7. Restructuring Parastatals ……………………………………….. 86 to 95

8. Financial Issues ……………..……………………………………. 96 to 101

9. Social Service Delivery ……………………….....……………….. 102 to 113

10. Road map for Legislation ……………………………………….. 114 to 116

11. Annexures ………………………………………………………. 117 to 154

IV

A C K N O W L E D G E M E N T S

It is difficult to acknowledge in full measure, the contributions of several

persons who devoted their time and energy in assisting the Committee with its task of

finalizing the recommendations in this report. The task was made even more exacting,

given the problems of having members with varying travel schedules and

engagements. Not surprising therefore that the Committee took more than one year to

fulfil its mandate and bring out its report. But, now that the work is finally over, the

Committee would like to say thanks to:

All the participants and stakeholders at the consultative sessions held at

various intervals whose ideas and suggestions gave much to think about;

Shri Sudhir Krishnaswamy, Asst. Prof., National Law School University,

Bangalore, whose contribution both at the conceptual level and in drafting the report

was invaluable;

Shri S.L.Narasimhan of Urban First for inputs on BBMP and other parastatal

organizations, particularly on financial and other operational issues;

Shri Jawaid Akthar, MD, KUIDFC and his dedicated team who provided

secretarial and logistic support to the Committee, Shri P.Bathan Lal, Advisor, MRC,

KUIDFC tirelessly worked for arranging meetings and more crucially, the long and

arduous sessions in the last 3-4 months, for drafting the report. KUIDFC’s warm

hospitality in hosting several brain storming sessions, where Jawaid actively

contributed in helping the Committee members resolve thorny debatable issues on

several aspects of urban planning and governance, needs a special mention.

Dr. V.R.Hegde of Zoomin Softech Pvt. Ltd., Bangalore, who helped in

preparing very useful maps (incorporated in the Annexure) depicting, revenue

districts, LPAs, ULBs etc; in the Bangalore Metropolitan Region.

Shri G.Omprakash Raju, Assistant Statistical Officer, for his assistance in

word processing, when the draft report was being edited and finalized.

To all others who directly or indirectly assisted the Committee in completing

its task.

V

A B B R E V I A T I O N S

ARC Administrative Reforms Commission

ARV Annual Rental Value

BBMP Bruhat Bangalore Mahanagara Palike (Greater

Bangalore Municipal Corporation)

BBMP Act Proposed Bruhat Bangalore Mahanagara Palike Act

BCC Bangalore City Corporation

BDA Bangalore Development Authority

BDA Act Bangalore Development Authority Act, 1976

BESCOM Bangalore Electricity Supply Company

BIAPA Bangalore International Airport Area Planning

Authority

BMA Bangalore Metropolitan Area

BMAP Act Proposed Bangalore Metropolitan Area Planning Act

BMAPC Proposed Bangalore Metropolitan Area Planning

Council (Metropolitan Council)

BMDA Proposed Bangalore Metropolitan Development

Authority Act

BMICPA Bangalore Mysore Infrastructure Corridor Planning

Authority

BMLTA Bangalore Metropolitan Land Transport Authority

BMP Bangalore Mahanagara Palike (Bangalore City Corporation)

BMPB Proposed Bangalore Metropolitan Planning Board

BMR Bangalore Metropolitan Region

BMRCL Bangalore Metro Rail Corporation Limited

BMRDA Bangalore Metropolitan Region Development Authority

BMTC Bangalore Metropolitan Transport Corporation

BMWSB Proposed Bangalore Metropolitan Water and Sewerage

Board

BOT Build-Operate-Transfer

BSUP Basic Services for the Urban Poor

BWSSB Bangalore Water Supply and Sewerage Board

BWSSB Act Bangalore Water Supply and Sewerage Board Act, 1964

CAA Constitution Amendment Act, 1993

CAG Comptroller & Auditor General

CBO Community Based Organization

CCF City Challenge Fund

CCT Commissioner of Commercial Taxes

CDP City Development Plan

CIF Capital Investment Folio

CMC City Municipal Council

CUMB Committee on Urban Management of Bangalore (1997)

VI

DPC District Planning Committee

EFC Eleventh Finance Commission

ERP Enterprise Resource Plan

FBAS Fund Based Accounting System

FYPs Five-Year Plans

GBWSP Greater Bangalore Water and Sanitation Project

GoI Government of India

GP Gram Panchayat

IUPR India Urban Poverty Ratio

JNNURM Jawaharlal Nehru National Urban Renewal Mission

KIADB Karnataka Industrial Areas Development Board

KLR Act Karnataka Land Revenue Act, 1964

KM Act Karnataka Municipalities Act, 1964

KMC Act Karnataka Municipal Corporations Act 1976

KMSC Proposed Karnataka Municipal Services Commission

KSCB Karnataka Slum Clearance Board

KSRTC Karnataka State Road Transport Corporation

KTCP Act Karnataka Town and Country Planning Act, 1961

KUWASIP Karnataka Urban Water and Sector Improvement Project

LPA Local Planning Area

LPAs Local Planning Authorities

MDF Metropolitan Development Fund

MDP Metropolitan Development Plan

MIS Management Information System

MLA Member of Legislative Assembly

MLC Member of Legislative Council

MML Model Municipal Legislation

MoEF Union Ministry of Environment and Forest

MoUD Union Ministry of Urban Development

MP Member of Parliament

MPC Metropolitan Planning Committee

MSC Municipal Services Commission

MUNI Municipal Network Infrastructure

NGO Non Governmental Organisations

NIPFP National Institute of Public Finance & Policy

NMAM National Municipal Accounting Manual

NUTP National Urban Transport Policy

O&M Operation and Maintenance

OBA Output Based Aids

PFDF Pooled Finance Development Fund

PFDS Pooled Finance Development Scheme

PPP Public Private Partnership

PWD Public Works Department

VII

RCUDA Ramanagaram Chennapatana Urban Development

Authority

RLB Rural Local Bodies

RNTCP Revised National Tuberculosis Control Programme

SCs / STs Scheduled Castes/Scheduled Tribes

SDMC School Development and Monitoring Committees

SEBI Securities and Exchange Board of India

SEZs Special Economic Zones

SFC State Finance Commission

TMC Town Municipal Council

TNUDP Tamil Nadu Urban Development Project

TOR Terms of Reference

TP Town Panchayat

UGD Underground Drainage

ULB Urban Local Bodies

UMTA Unified Urban Transport Authorities

URIF Urban Reforms Initiative Fund

USAID United States Agency for International Development

UWSS Urban Water Supply and Sanitation

WC Ward Committee

ZP Zilla Panchayats

I N D E X O F A U T H O R I T I E S

Constitutional Law

Constitution of India, 1950

74th Constitution Amendment Act, 1993

Statutes

Bangalore Development Authority Act, 1976

Bangalore Metropolitan Region Development Authority Act, 1985

Bangalore Water Supply & Sewerage Board Act, 1964

Companies Act, 1956

Karnataka Housing Board Act, 1962

Karnataka Industrial Areas Development Board Act, 1966

Karnataka Land Reforms Act, 1961

Karnataka Land Revenue Act, 1964

Karnataka Municipal Corporations Act 1976

Karnataka Municipalities Act, 1964

Karnataka Panchayat Raj Act, 1993

Karnataka Town and Country Planning Act, 1961

Kolkata Municipal Corporation Act, 1980

Notifications / Rules

Karnataka Municipal Corporations (Ward Committee) Rules, 1997

Municipal Solid Waste (Management and Handling) Rules, 2000

C H A P T E R – 1

Executive Summary

Chapter – 1

Executive Summary

1

C H A P T E R - 1 Executive Summary

1.1 The Expert Committee on Governance in the Bangalore Metropolitan

Region (BMR) and the Bruhat Bangalore Mahanagara Palike (BBMP) also

known as the Greater Bangalore Municipal Corporation recognizes the

need for a paradigm shift from the previous policy focus on city level

urban local government to a metropolitan level institution to enable better

strategic planning and co-ordination, and to address Bangalore’s multiple

challenges.

Metropolitan Governance (Chapter – 4)

1.2 The failure to set up a Metropolitan Planning Committee (MPC) is a

continuing breach of the requirements of the 74th Constitution

Amendment Act, 1993 (74th CAA). With a view to enable comprehensive

planning for a contiguous region which faces similar growth pressures,

the State Government must first set up the MPC for the Bangalore

Metropolitan Area (BMA). The MPC must include the territorial area

presently covered by the Bangalore Metropolitan Region Development

Authority (BMRDA) (about 8000 sq. kms) and this area must be declared

as the BMA. This area will include the three revenue districts of Bangalore

Urban, Bangalore Rural, and the recently formed district of

Ramanagaram.

1.3 Further, in order to give adequate representation to regional interests and

the various elected local bodies in this vast territorial area, the MPC

should have 63 members. 42 out of the 63 members shall be elected while

the remaining 21 shall be nominated. 31 members will be elected from the

Urban Local Bodies (ULBs) and 11 will be elected from rural local bodies.

These members shall be elected from 3 electoral segments comprising

Chapter – 1

Executive Summary

2

(1) Corporators of BBMP, (2) Councillors of the other urban municipalities

and (3) the Chairpersons of the 314 Gram Panchayats, 12 Taluk

Panchayats and 3 Zilla Panchayats. As the MPC is a Committee envisaged

under the 74th CAA, the election to the Committee should be conducted by

the State Election Commission, Karnataka. The term of office of an elected

member may be co-terminus with his holding of the elected office.

1.4 Out of the 21 seats for nominated members, 10 may be provided for

MLAs, MLCs and MPs. In order to facilitate the alignment of political

momentum between the state and city government towards metropolitan

governance, the Committee recommends that the Chief Minister of

Karnataka should be the Chairperson of the MPC and that the Mayor of

the BBMP should be the Vice Chairperson. The remaining 9 nominations

may be made from categories listed below:

1. A representative from the manufacturing industry;

2. A representative from the service industry including IT;

3. A representative from Trade and Commerce;

4. A representative from the Real Estate Industry;

5. An individual with recognized expertise in Environmental

affairs;

6. An individual with expertise in education / health;

7. An individual of high professional recognition in urban

planning including fields such as Architects and Town

Planners;

8. An individual with Legal Expertise;

9. The Metropolitan Commissioner, who will also be the

Member-Secretary of the MPC, who will be a person not

below the rank of Principal Secretary to Government of

Karnataka.

Chapter – 1

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1.5 Any individual nominated by the State Government vide categories 1 to 4

should be first proposed by the appropriate recognized state or national

associations and their tenure on the MPC should not exceed three years.

Members nominated vide categories 5, 6, 7 and 8 above shall have a term

of three years. The tenure of the MLAs, MLCs and MPs shall be co-

terminus with their term of office and shall not exceed three years.

1.6 The entire MPC shall meet at least twice a year while a core Executive

Committee and various subject committees may carry out the work of the

MPC through the year. The MPC may have subject committees on areas

such as water and sanitation, environment, transport and social sector

issues. The Executive Committee should meet frequently to review

progress on all fronts and give its report on proposals to be examined and

endorsed by the MPC. Relevant governmental organizations may be

drafted into the appropriate sub-committee of the MPC to ensure co-

ordination.

1.7 The BMRDA Commissioner shall be the Member–Secretary of the MPC

and the BMRDA shall be the permanent secretariat to the MPC. The

BMRDA should function as the technical and administrative arm of the

MPC, which will be the metropolitan level political institution. The

BMRDA’s role as a metropolitan level regulator and planner must be

strengthened and it should no longer be directly involved with project

implementation.

Planning for the Bangalore Metropolitan Region (Chapter – 5)

1.8 The MPC should be invested with both planning and co-ordinating

functions. To be an effective co-ordinator, the MPC should be vested with

the necessary executive powers by law and regulation to perform this role.

Chapter – 1

Executive Summary

4

The MPC should be given the statutory power to review and suggest

changes and in certain cases, overrule plans of the ULBs on issues which

have a regional significance.

1.9 To enable the MPC to carry out a co-ordinating and integrating role, we

need to put in place a clear hierarchy of planning institutions and plans

where the Metropolitan Development Plan (MDP) under the MPC should

override all other plans developed by other state functionaries and local

bodies in the metropolitan region. This institutional hierarchy whereby

the MPC is conferred with the overall decision making power must be

established in the statutes to be drafted for creation of the MPC in

Karnataka. Related statutes such as the Karnataka Town and Country

Planning Act, 1961 (KTCP Act) and the Bangalore Metropolitan Regional

Development Authority Act, 1985 (BMRDA Act) should also be amended

to accommodate the primacy of the MPC.

1.10 Further, it is necessary that the MPC has a review function in regard to the

plans prepared by the BBMP, other ULBs, and BMRDA and sectoral plans

prepared by other statutory bodies. Such a power is already available

with the BMRDA. The Committee recommends that this particular power

should be suitably amplified and vested in the MPC rather than the

BMRDA. The Committee further recommends that since the MPC is a

politically representative body where the State Government is

represented, it is not necessary for the regionally coordinated spatial plan

for the BMA (Master Plan) to be referred to the State Government, for

formal approval.

1.11 For this co-ordinated planning to take place, land use planning should be

integrated with economic, social and environmental planning. Further, the

democratically elected urban local government should be given overall

Chapter – 1

Executive Summary

5

control over the use of land within their territorial jurisdiction subject to

the guidelines of the MPC and MDP. For land use planning to be

successful and effective, the MPC must be vested with the power to

control land use. To enable the MPC to determine overall land use in the

metropolitan region, section 95 of the Karnataka Land Revenue Act, 1964

(KLR Act) needs to be amended to divest the State Government Revenue

Department functionaries of this power, and vest it with the metropolitan

level government.

1.12 In the rural areas, the powers of the Rural Local Bodies (RLBs) to grant

development permissions must be restricted to the Gram Thana areas

after a survey is conducted by the BMRDA to demarcate such areas.

Further, in these areas as well as other rural areas, the powers of the RLBs

to grant development permissions should be regulated and restricted by

the BMRDA. Relevant laws such as the KTCP Act, the Karnataka Land

Reforms Act, 1961, KLR Act and the Karnataka Panchayat Raj Act, 1993

should be amended to provide for the same. The BMRDA should establish

a network of local planning offices in the various regions of the BMR.

1.13 The power to create a Master Plan, within their respective jurisdictions,

under the KTCP Act should be conferred on the BBMP and the other ULBs

in the BMR. For the areas in the BMR which are governed by rural local

bodies, this power may be conferred on the BMRDA which will be

accountable to the MPC. This would mean that no further Local Planning

Authorities are necessary in the BMR. Further, Sections 14, 15, 16, 17 and

18 of the KTCP Act should be amended to confer enforcement powers on

the ULB and the BMRDA for their respective jurisdictions.

1.14 Two institutions in the BMR viz; the ULBs and the DPC may be given

overall responsibility for economic and social planning under the

Chapter – 1

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guidance of the MPC. The ULBs in the BMR should prepare City Level

Development Plans (CDPs). The CDPs may be given a statutory basis and

all parastatals operating in ULB jurisdiction would have to comply with

these plans. Planning for social and economic advancement in other areas

of the BMR which is not under the jurisdiction of the ULBs insofar as it is

falls within the purview of the district sector, should be done by the

concerned District Planning authorities under District Planning

guidelines; however, these plans need to get integrated into the overall

MDP to be prepared by the MPC. Further, sectoral planning, cutting

across the BMR, having regional implications will have to be carried out

by the parastatal organizations and departments of government and

overseen by the sectoral divisions within the BMRDA and approved by

the MPC.

1.15 The introduction of capital investment planning and budgeting is

absolutely essential to establish a rational system to mobilize institutional

resources on the one hand, and ensuring that capital creation matches

income necessary to operate and maintain the investments, on the other.

The capital budgets of these institutions must be approved by the MPC.

By empowering the MPC with the statutory authority to periodically

monitor and enforce these plans, we will provide an institutional

framework to streamline financial planning in the BMR.

1.16 Finally, it is critical that district jurisdictions and ULB and RLB

jurisdictions be streamlined so as to ensure a coherent planning

framework. A new district of Ramanagaram was created in August 2007

by splitting the southern part of the erstwhile Bangalore Rural District.

The Bangalore Urban District, for the most part, includes the BBMP, apart

from Anekal TMC and some adjoining rural areas. The Committee feels

Chapter – 1

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7

that Bangalore Urban District, in order to reflect its urban character may

be confined exclusively to the BBMP area. Therefore, Anekal TMC and the

other rural local bodies in Bangalore Urban district may be merged in

Bangalore Rural or Ramanagaram district in an appropriate manner. The

Committee on Taluk Reorganization, set up by the State Government may

look into this suitably. Moreover, the Zilla Panchayats (ZP) in the BMR

can then be reduced to two districts i.e., Bangalore Rural and

Ramanagaram and the planning functions can be integrated to the MPC.

Reorganization of Bruhat Bangalore Mahanagara Palike (Greater Bangalore

Municipal Corporation) (Chapter – 6)

1.17 The 74th CAA 1993 mandates that there shall be an independent third tier

of local government for urban areas but does not specify the institutional

character of this level of government. Hence, State Governments have

some liberty in choosing an appropriate institutional form depending on

local conditions.

1.18 It is felt that the challenge of governance in a complex metropolis like

Bangalore requires a new leadership paradigm which guarantees political

and administrative dynamism and stability. The Committee is of the view

that a directly elected Mayor will fulfill this requirement and recommends

that the BBMP should have a Mayor who is directly elected by the people

with a fixed term of 5 years. The term of 5 years for the Mayor will allow

him/her to emerge as a politically accountable leader at local government

level with a democratic mandate comparable to political leaders at other

levels of government. It is also recommended that the Mayor should be

vested with executive powers of the Municipal Government

1.19 The Mayor should be assisted by a Mayoral Committee not exceeding 8

members (excluding the Mayor), chosen by the Mayor, from among

Chapter – 1

Executive Summary

8

elected and nominated councillors. These members may be given

delegated subjects such as Finance, Projects, Municipal and Social

Services, Administration, Planning etc., by the Mayor. Further, the

Mayoral Committee must be recognized as an authority under the Act

with requisite powers. Important decisions taken by the Mayor would

have to be ratified by the Committee. The tenure of the members of this

Committee shall be co-terminus with that of the Mayor.

1.20 The Corporation Council must retain a strong deliberative and scrutiny

function but should no longer be vested with the executive powers of the

municipal government as these should be vested with the Mayor. The

number of wards and Councillors must be increased, in keeping with the

increased jurisdiction as determined by the delimitation process and this

should be provided for in a new BBMP legislation. The number of

nominees may be fixed at 10% of the total number of elected members and

the nominations may be from ‘persons having special knowledge and

experience in municipal administration or matters relating to health, town

planning or education’ as presently set out in Section 7(b)(i) of the

Karnataka Municipal Corporations Act, 1976 (KMC Act). Further, the

provision to nominate ‘social workers’ in Section 7(b)(ii) of this act should

be deleted.

1.21 In order to maintain the status of the Municipality as a self-governing

institution, it is critical to ensure that only Councillors get to vote on

decisions affecting the Corporation. Hence, the Committee recommends

that the provisions of Section 9 of the KMC Act should be suitably

amended to provide for this. With a directly elected Mayor, the role and

the number of Standing Committees needs to be redefined. BBMP

Committees must hereafter play the role similar to Legislative House

Chapter – 1

Executive Summary

9

Committees viz; to evaluate the functioning of departments and provide

policy guidance. As the Mayor will no longer be eligible to participate in

the Corporation Council, the Corporation shall elect a Chairman of the

Council who will act as the presiding officer of the Corporation. The term

of the Chairman shall be co-terminus with that of the Corporation.

1.22 The Commissioner of BBMP should be selected by a high powered Search

Committee set up by the State Government in consultation with the

Mayor. The Search Committee may advertise for the position by

specifying the qualifications and experience necessary for the job and

invite applications from as wide a spectrum as possible. The Mayor may

appoint any one of the candidates short listed by the Search Committee,

after due process. The Commissioner’s role should be redefined in the

new, proposed legislation for BBMP, so has to make him responsible and

accountable to the Mayor and the Corporation. The power of the State

Government to direct the Commissioner or the Corporation to provide

records or take particular actions (as currently existing in the KMC Act)

does not appear to be necessary and needs to be deleted. However, the

State Government should have the power to give directions or dissolve

the Corporation in times of emergency. The Commissioner shall have a

tenure of three years.

1.23 The creation of the enlarged BBMP must be accompanied by effective and

meaningful decentralization of decision making and municipal service

delivery. A comprehensive activity mapping exercise should be carried

out to define the functions to be performed at each level of the BBMP:

Ward, Zone and Head Quarters. Therefore, the BBMP legislation should

be revised to accommodate these activities and give suitable functions to

the Committees formed at each level.

Chapter – 1

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10

1.24 Furthermore, at the Zonal and Ward levels, political authorities should be

created which complement the administrative structures already created

in order to facilitate appropriate decision making and implementation.

The BBMP area may be divided into 8-10 zones each comprising about 20

Wards. A Zonal Committee which consists of the Councillors from each

ward in the Zone must supervise service delivery and project

implementation in the Zone and should be given the power to issue

directions to the Zonal Office of the BBMP. Also, Ward Committees must

be reconstituted in an effective manner. Each of these Committees should

be constituted in every ward by elections as well as through nominations,

by a wide range of stake holders including educational institutions and

neighbourhood organizations.

1.25 Finally, Government must set up Appellate Tribunals to resolve municipal

taxation and service disputes, and a Municipal Services Commission to

recruit municipal employees for all the ULBs in the State. Suitable

provision must be made to this effect in the new BBMP legislation and

amendments carried out in the KMC and KM Acts.

Restructuring Parastatals (Chapter – 7)

1.26 The Bangalore Development Authority (BDA) is a pre-eminent statutory

authority which has a significant impact in the BMA. It is recommended

that the developmental mandate of the BDA should be enlarged so that it

may function beyond its present jurisdiction and take on the role of a

metropolitan level infrastructure development agency. Further, Section 2C

of the BDA Act must be amended to give the BDA jurisdiction over the

entire BMR. This re-oriented BDA, with its focused developmental

mandate with enlarged jurisdiction, may be reconstituted as a Company

under the Companies Act. Wherever ULBs develop plans and projects to

Chapter – 1

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11

be funded by them, the BDA may execute projects on a contractual and

commercial basis or execute some projects on a preferred agency basis as

is presently the case with BWSSB. The BDA must be divested of its

planning and regulatory functions which will be transferred to the BBMP /

BMRDA.

1.27 Additionally, the planning and policy orientation of the BMRDA should

be re-emphasised. The BMRDA should be given overall regulatory

authority over land use and suitable amendments to Section 9 of the

BMRDA Act need to be made, so that BMRDA’s authority to develop

spatial plans overrides existing legislations like the Karnataka Land

Revenue Act and the KTCP Act. In order to facilitate this, the BMRDA

should develop a new model of staffing so that a significant proportion of

its employees are experts drawn from outside government on a

contractual basis in order to attract the best available talent.

1.28 The Bangalore Water Supply and Sewerage Board’s (BWSSB) jurisdiction

should be enlarged to cover the whole metropolitan region. A Special

Purpose Vehicle (SPV) should then be established under the joint

ownership of the BWSSB and the BBMP to manage the retail distribution

of water supply in the BBMP area while maintaining BWSSB’s present

mandate on water source augmentation, sewerage and waste water

management. Later, operations and maintenance of sewerage (UGD) can

also be handed over to the SPV.

1.29 In order to develop an adequate response to the serious transport issues

facing the BMR, it is essential that the newly created Bangalore

Metropolitan Land Transport Authority (BMLTA) be strengthened by

giving it a statutory basis. Further, the BMLTA must operate as a wing of

the MPC/BMRDA and be accountable to it. The MPC should review its

Chapter – 1

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12

functioning periodically and endorse the plans prepared for

comprehensive infrastructure and integrated urban and peri-urban

transport systems. The BMTC’s jurisdiction should be extended to cover

the BMR. It is critical for BMLTA to also undertake short term measures

that alleviate the serious traffic problems confronting the city today.

Financial Issues (Chapter – 8)

1.30 The MPC should prepare a Metropolitan Budget which reflects the capital

expenditure of key infrastructure components and also sources of

revenue. Such a Budget will be based on the plans and budgets of the

various agencies and the MDP to be prepared by the MPC. The Budget

can be prepared by BMRDA and approved by the MPC and placed on the

floor of the State Legislative Assembly. The Urban Development

department of the State Government should present the case of Bangalore

before the State Finance Commission (SFC) to secure additional sources of

revenue so as to make the BBMP a fiscally strong institution.

1.31 The Committee recommends that the financial powers of BBMP must be

reviewed comprehensively to provide for maximum autonomy. The

present requirement of referring proposals to the State Government to

incur expenditure above a certain threshold is cumbersome and

unnecessary. The proposed new legislation on BBMP must provide for

adequate financial autonomy in line with ULBs of similar size / stature,

across the country.

Social Service Delivery (Chapter – 9)

1.32 The MPC and the BBMP should reorient their organizational focus and

policy to undertake comprehensive poverty alleviation programmes, with

special emphasis on the plight of Scheduled Castes/Scheduled Tribes

Chapter – 1

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13

(SCs/STs) and other marginalized sections within the city. They should

also streamline service delivery in the fields of education, health and

housing. These institutions should develop an ‘Urban Indicators

Database’ so that the deficits in service delivery may be bridged by

effectively targeted programmes.

1.33 The education policy with respect to State Government schools within the

BBMP area requires review. The State Government should accept and

implement the recommendations made by the Administrative Reforms

Commission and the BBMP should accept the same. All primary,

secondary and high schools presently administered by the State

Government within the BBMP jurisdiction should be transferred to the

BBMP. Further, the funds allocated for the capital and revenue costs for

running these schools must be transferred to the BBMP. Additionally, the

BBMP should explore a participative model of administering schools so

that parents and neighbourhood communities emerge as key stakeholders

in the administration of the municipal school system in Bangalore,

analogous to the School Development and Monitoring Committees in

operation in other parts of the State.

1.34 To promote public health, the MPC and BBMP must commission a large

public health survey to establish baseline indicators on its status in the

BMR. Also, the BBMP must evaluate the wide scope of public health

activities it presently undertakes and eliminate all such activities which

are better done by the State Government such as the running of referral

hospitals. Instead, the BBMP must focus on preventive and promotive

health strategies that have a significant public health impact. There is an

urgent need for the BBMP to appraise the present approach to solid waste

management which has become an area of serious and overarching

Chapter – 1

Executive Summary

14

concern and it is recommended that the BBMP set up a separate wing to

undertake this task with suitably qualified technical personnel. Further,

regular medical doctors should not be diverted from mainstream medical

/ public health duties and made responsible for solid waste management

activities.

1.35 Despite there being several governmental agencies active in the housing

sector, there is no coherent policy and co-ordination between these

various actors. Hence, the BBMP must be given overall power and

responsibility to provide adequate housing to the urban poor and to

upgrade slums as provided under the XII Schedule to the Constitution.

Land Use planning and developmental permissions should be aligned to

meet these objectives. To facilitate the same, the BBMP must be given the

responsibility and the resources to carry out slum redevelopment

activities. Any functions performed by the Karnataka Slum Clearance

Board in the BMR must be under the overall direction of the BBMP and

the MPC.

1.36 The Committee recommends the setting up of an “information

infrastructure” unit as a permanent feature of the planning functions of

the BMRDA as well as the BBMP. There is a compelling need to ‘connect’

with people on an ongoing basis, especially to explain the complexity of

various issues that relate to urban governance. This unit may use effective

visual communication to illustrate various development initiatives

undertaken in the region.

1.37 The Committee also recommends the widening and deepening of e-

governance models within BBMP for better and more efficient service

delivery. Given the vast spread of the city and numerous activities, the

BBMP would do well to establish a Citizens Service Portal which would

Chapter – 1

Executive Summary

15

be responsive and interactive and effectively address the needs of the

citizens.

1.38 The Committee feels that the ULBs should become more responsive to

people’s basic needs and be more sensitive to public opinion. All ULBs

and other government institutions operating in the BMR should have a

system that facilitates voluntary disclosure of information relating to their

policies and programmes from time to time. Further, these institutions

should establish a public interface to communicate the relevant

information and obtain a feed back about their own performance. The

Committee recommends that such interface should be promoted through

institutional mechanisms rather than ad hoc arrangements which may be

perceived as being non – representative or exclusive in nature.

Road Map for Legislation (Chapter – 10)

1.39 The legislative sanction for the creation of the MPC should be brought

forth in the BMRDA Act. The BMRDA Act should be re-named as

“Bangalore Metropolitan Area Planning Act” (BMAP Act) and the

nomenclature “BMR” in the definition section should be replaced by BMA.

In view of the extended mandate proposed in this Report for the MPC, it

should be designated as the Bangalore Metropolitan Area Planning

Council (BMAPC) (Metropolitan Council) and its creation, size and

composition should be spelled out in a separate chapter in the proposed

BMAP Act, replacing the sections dealing with the composition and

membership of the BMRDA.

1.40 The BMAP Act may provide for a separate executive arm of the BMAPC

to be called the Bangalore Metropolitan Planning Board (BMPB), which

will be headed by the Metropolitan Commissioner and will have technical,

Chapter – 1

Executive Summary

16

administrative and financial divisions which will be manned by suitable

personnel with requisite qualifications and experience. The BMPB will be

the Secretariat of the BMPC. It will also have branch offices in the BMA

for carrying out the enforcement functions.

1.41 The BDA Act should be renamed as the Bangalore Metropolitan

Development Authority Act (BMDA Act). Section 2(c) of the BDA Act

defining its jurisdiction as the BMA should be amended to provide for the

jurisdiction of the BMDA to include the entire revised metropolitan area

in the BMAP Act. Therefore, provisions relating to regulatory control

(Section 67) should to be deleted from the BDA Act and correspondingly

introduced in a proper manner in the new BMAP Act.

1.42 There should be a separate new legislation for the BBMP (to be called the

Greater Bangalore Municipal Corporation Act) so as to remove it from the

purview of the KMC Act. This is necessary to accommodate the far

reaching reforms proposed by the Committee and to provide for the

vastly expanded jurisdiction of the new BBMP.

1.43 Further, necessary changes should be carried out in the BWSSB Act in

accordance with the jurisdiction and responsibilities set out in Chapter VII

of the Report. It could be renamed as the Bangalore Metropolitan Water

and Sewerage Board (BMWSB) Act.

1.44 Several other state legislations i.e. KTCP Act, KLR Act, Karnataka Land

Reforms Act, etc., must be amended to accommodate the streamlined

planning hierarchy and development mandates proposed by this Report.

1.45 In view of the substantive and simultaneous legislative changes involved,

these amendments must be drafted in a consistent and careful manner, so

that they can be taken forward for approval by the Legislature in one go.

Chapter – 1

Executive Summary

17

As the objectives of the proposed amendments have been clearly laid

down in the present report, the drafting of necessary amendments could

be done in a period of three months, by entrusting the task to a suitable

agency.

C H A P T E R – 2

Introduction

Chapter – 2

Introduction

18

C H A P T E R - 2 Introduction

Between the longing for a Bangalore of a bygone era and the futuristic

visions of the Singapore-in-the-making through a unique “Private-public

partnership” lies a complex history of a city that has been marked by

national, regional, and global forces and interests in its passage to a

metropolitan status. In the five decades since Independence, a small and

unremarkable town was transformed into an internationally known

metropolis… No single metaphor adequately describes the new

metropolitan experience, for Bangalore is not quite the industrial district,

the technopole, the international city, nor the Silicon Valley of Asia that

have been used to describe processes elsewhere… No other contemporary

Indian city allows us to track the passage from small town to metropolitan

status within a few decades as well as does Bangalore.

Janaki Nair. The Promise of the Metropolis – Bangalore’s Twentieth

Century (Oxford University Press 2005),

2.1 The phenomenal economic and demographic growth of Bangalore during

the last two decades has resulted in a city with many sobriquets such as,

the IT Capital of India, Global Technological Hub and Science City to

name a few. However, this rapid growth and urbanization of Bangalore

and its surrounding areas has thrown up several challenges: the

inadequacy of physical and transport infrastructure, erratic delivery of

municipal and social services and the capacity constraints of present

institutional arrangements for governance of the city. Realising that these

issues are likely to impinge upon the future growth and development of

the city and its environs, the Government of Karnataka felt the need for a

reform strategy that was predicated upon a seamless, effective and well

coordinated governance structure for both the BMR and the recently

created BBMP.

2.2 The first step in the reform process would be to identify the principles of

institutional design which should guide the creation of new institutions

Chapter – 2

Introduction

19

for Bangalore’s governance. The 74th CCA sets out the structure of the

third tier of urban and metropolitan government and establishes the

principles of decentralization and democratic accountability as the

foundations for city and regional government. The Government, after

recognizing that these are matters of great significance for the orderly

development of Bangalore City and the Metropolitan Region has taken the

view that a new comprehensive legislation is essential to deal with the

development and regulation of the BMR. Pursuant to this objective, it has

resolved to constitute a Committee of Experts (hereafter referred to as

‘Committee’) to submit recommendations to Government on the terms of

reference discussed below. (Order No. UDD 86 MLR 2006 (4) Bangalore, Dated

02.11.2006) (Annexure 1)

2.3 The principal mandate of this Committee relates to the administrative

structures and legal framework of governance in the BMR and the BBMP,

which are to be designed in conformity with the constitutional

requirements of the 74th CCA. In this process, the Committee is required to

appraise the functioning of BBMP and other parastatals engaged in the

governance and development of Bangalore such as the BDA, BMRDA and

BWSSB among others, and to spell out the appropriate coordination

mechanisms and accountability of such organizations to the ULB. The

Committee is vested with the responsibility of designing the

constitutionally mandated inter – governmental machinery, namely, the

MPC for the governance of the BMR. The second mandate before the

Committee is to examine and suggest measures necessary to ensure

effective governance within the newly expanded BBMP. It is to be guided

by the recommendations of the Committee on Urban Management of

Bangalore (1997) (CUMB) to the extent that they are relevant and such

recommendations may be adopted with or without modifications.

Chapter – 2

Introduction

20

Approach and Methodology of the Committee

2.4 Bangalore is regarded as a significant example of a city built on the

foundations of a knowledge economy. However, concerns over

inadequate infrastructure and a weak governance framework have

resulted in widespread scepticism over the city’s future. If Bangalore’s

international economic status has to be sustained, the government has to

understand the new aspirations that the citizens of the city, the country

and the world have from Bangalore as it is no longer an idyllic garden city

limited within well defined city boundaries. Investment from various

sources and in various activities has expanded the boundaries of the city

manifold. The city has rapidly morphed into a bustling metropolis and in

recent years this growth has been spreading with astonishing rapidity into

the area identified as the metropolitan region. The recent expansion of the

city boundaries transforming it into BBMP is only a limited first step

towards streamlining of infrastructure and services. Rehabilitating and

renovating what has been heavily strained in the core city is yet another

major task; but the larger challenge lies in piloting the orderly and

sustainable development of the metropolitan region. Understanding this

challenge requires innovative skills, long term vision and more

importantly, sustained and tireless efforts in designing and developing

organizational structures which can promote a pattern of inclusive and

orderly growth, in the ensuing decades.

2.5 The Committee therefore recognizes that a paradigm policy shift from the

previous focus on city level urban local government to a metropolitan

level institution was a necessary first step for enabling better strategic

planning and co-ordination, to address Bangalore’s multiple challenges.

As the primary and secondary research into metropolitan level

Chapter – 2

Introduction

21

government in India is severely under-developed, the Committee had to

review the constitutional framework, state laws and existing practices in

states such as West Bengal and Maharashtra as well as initiatives in other

parts of the world in order to design an appropriate institutional

framework for Bangalore.

2.6 The Committee reviewed the structural design of the BBMP in its vastly

expanded territorial jurisdiction and has suggested measures that would

improve the efficiency and responsiveness of the city government. To this

end, the Committee assessed the best practices in municipal government

in different parts of the world to identify success stories and develop a

template that best suits our local conditions. Finally, the Committee

carried out a summary appraisal of the role and responsibilities of key

parastatals involved in the development and regulation of Bangalore,

(primarily from an urban development perspective) and has suggested

ways in which these could be redefined.

2.7 The Committee also undertook a series of public consultations with

several stakeholders including NGOs, MPs, MLAs and MLCs,

representatives of various trade and industry groups and eminent

persons. These consultations allowed the Committee to sense the

overwhelming concern that various stakeholders feel about the current

state of Bangalore’s governance and the appropriate trajectory for its

future development. These stakeholder consultations were intense

participatory exercises where the Committee members gained valuable

insights and perspectives on the solutions for Bangalore’s problems.

2.8 Further, the Committee met with several senior officials of a host of

government departments, the chief executives and senior functionaries of

BBMP and parastatal organizations involved in Bangalore’s infrastructure

Chapter – 2

Introduction

22

development as also the heads of statutory bodies providing a range of

urban services in Bangalore. This was necessary to gain a first hand

account of the environment in which these organizations operate. These

officials co-operated with the Committee by providing a large amount of

relevant information and sharing their candid opinions on the real

conditions in which governance is carried out. Their intimate knowledge

of the working conditions and institutional politics of government

allowed the Committee to understand and assess which proposals were

likely to succeed and the necessary elements of a successful reform effort.

In addition, the Committee secured the assistance of financial and legal

consultants in order to conduct detailed analysis of various issues relevant

for the report.

2.9 In the ensuing chapters, the Committee focuses on the key initiatives for

the successful reform of Bangalore’s governance. It impossible for the

Committee to deal with all subjects impinging upon urban governance in

an exhaustive manner. Hence, there are areas in this report where the

recommendations of the Committee are summary in nature and will need

further detailing as and when they are taken up for implementation. In the

last Chapter we set out a road map for legislative reform which included

recommendations to amend various State legislations such as the KTCP

Act, the KLR Act, the BDA Act, and the BMRDA Act among others.

Moreover, the Committee endorses the need to bring forth a new

legislation with respect to the BBMP.

C H A P T E R – 3

Urban Governance in India

Chapter – 3


23

C H A P T E R - 3 Urban Governance in India

3.1 Urbanization in Indiai was the main driving force behind the rapid

economic growth experienced in the country during the 1990s. The

estimates of contribution by urban areas to the gross domestic product

(GDP) are in the order of 50 to 60 percent, well above the level of

urbanization itself (28 percent in 2002). India’s overall demographic

figures of rural-urban divide, however, do not reveal the fact that a

sizeable part of the country has reached levels of urbanization that are

much higher than the national average. Economic growth is thus highly

dependent on the fortunes of urban areas and their ability to attract

investment and increase productivity. However, rapid urbanization and

under-investment in urban infrastructure have resulted in serious

environmental and health problems in India’s cities. Urban households

across India, particularly the poor and disenfranchised, continue to have

limited access to potable water, sanitation, drainage, and solid waste

disposal facilities.

3.2 Despite the contribution to economic growth by the urban sector,

successive five-year plans (FYPs) of the Government of India (GoI)

stressed rural development in general and neglected balanced urban

development. It was not until the 8th FYP (FY 1993-1997) that the role and

importance of the urban sector was explicitly recognized. Since then, the

context of urban development has changed significantly in India,

governed by the country’s focus on economic liberalization, financial

sector reform, and a new emphasis on decentralization.

3.3 ULBs across the country are vested with a long list of functions delegated

to them by the State Governments under the municipal legislation to

Chapter – 3


24

ensure urban basic service delivery. These functions broadly relate to

public health, welfare, regulatory functions, public safety, public works,

and development activitiesii. Good governance of ULBs is a function of the

quality of urban basic service delivery, prevalence of prudent financial

management practices and ULBs ability to access infrastructure finance,

and also the ability to evolve institutional arrangements / structures to

ensure the financial and environmental sustainability of urban basic

services.

3.4 Municipal bodies of the country are facing a peculiar situation where the

demand for services has been rising due to urbanization and urban

growth, but on the supply side, the local resource base has been constantly

declining. Ineffective local governance, inefficient management practices,

poor planning process, lack of periodical revision of municipal tax

rates/user charges, poor information system and record management are

some of the basic weaknesses in the present municipal administration

system. Many municipalities in India, particularly those belonging to

small and medium size cities are poorly staffed, the staff responsibilities

are unclear and often fragmented, and their capabilities and motivation to

deal with the increasing complex urban needs are extremely low. The

result is that the resources at their command, which are scarce to begin

with, are not put to efficient use and are, in a sense wasted.

3.5 Notwithstanding urban India’s problems, new opportunities have

emerged. The passage of the 74th CCA provided momentum to urban

sector reforms in the country. The 74th CAA intended to create a

democratic governance structure, with local responsibilities being

assumed and managed at the local-level, to address the relationship

between the State Governments and municipal governments and lay the

Chapter – 3


25

foundation for a new approach to urban management and governance

regarding improved municipal service delivery. Through the 74th CAA for

the first time in the history of urban governance, the municipal bodies

were provided the Constitutional Status of the third tier of government.

With the increase in responsibilities as a result of the devolution of

eighteen functionsiii through the 12th Schedule of the 74th CAA,

empowerment of the ULBs became inevitable. States have also adopted

functions based on their individual merit and each state assigns an

“obligatory” or “discretionary” category accordingly.iv The 74th CAA,

assumes very special significance as it brought about some principal

changes in the urban fabric of India. It mandated that municipalities

would have a life for five years and would normally not be superseded;

the Act also provided for an independent State Election Commission for

the superintendence and control of municipal elections.v

3.6 The Ministry of Urban Development (MoUD) Government of India, and

various states have undertaken key initiatives facilitating urban

infrastructure development and urban/municipal service management.

The following summarizes the initiatives sectorally:

a. Municipal Accounting. The World Bank aided Tamil Nadu Urban

Development Project (TNUDP) assisted ULBs of the state to transit

to a double-entry accounting system. The initiative covered 100

ULBs and was spread over a period of two years. In continuation

with other accounting reforms in the country, the Comptroller &

Auditor General (CAG) of India constituted a Task Force to study

the reforms and draft guidelines for municipal accounting, which

led to the development of the National Municipal Accounting

Manual (NMAM) prescribing the budget and accounting formats

Chapter – 3


26

for ULBs with appropriate codification and classification of budget

and account headings, thereby facilitating improved accounting

systems in ULBs.

b. Enterprise Resource Planning. Bangalore City Corporation (BCC)

evolved an enterprise resource plan (ERP) from a municipal

accounting process – it instituted the Fund Based Accounting

System (FBAS) – before it went public with its FY04 Q1 results.vi

Similar path breaking efforts of improved management information

system (MIS) is evident in the ULBs of Hyderabad, Vishakapatnam,

Vijayawada, Nagpur, etc. ULBs now recognize the need to

capitalize on limited quality-human capital and manage own

resources through a municipal management information system.

c. Innovative Financing Mechanisms. Large municipal corporations

(e.g. Ahmedabad, Hyderabad and Nashik) continue to access

domestic capital markets through municipal bonds based on their

commendable fiscal status. Through the “pooled finance

framework”, small and medium sized ULBs have finally discovered

an avenue to access the capital markets through a joint effort – the

Tamil Nadu Water & Sanitation Pooled Fund for 14 ULBs accessed

the market to borrow Rs. 300 million. Similarly, USAID also

provided credit guarantee to the infrastructure bonds raised by the

Karnataka Water & Sanitation Pooled Fund to finance the Rs. 3000

million Greater Bangalore Water and Sanitation Project (GBWASP).

The GoI has also created the Pooled Finance Development Fund

(PFDF), which is expected to support such initiatives in future.

d. Legislative Framework. The introduction of the Model Municipal

Legislation (MML) by GoI provides guidelines to frame

Chapter – 3


27

new/amend old legislation. To help improve environmental

sanitation in ULBs, the MoEF issued a notification regarding solid

waste management, detailed in the Municipal Solid Waste

(Management and Handling) Rules, 2000).

e. Private Sector Participation. Almost eight years after it was

announced, work commenced on the Tirrupur water supply

project, which was based on a Build-Operate-Transfer (BOT)

concept – while the target beneficiaries were predominantly

industrial units, the Tirrupur Municipality would benefit partially

from the project. On the other hand, the Alandur Sewerage Project

– a combination of a Build-Operate-Transfer (BOT) and item rate

contract – was commissioned as scheduled (within a period of four

years from award). While ambitious management contracts (e.g.

Bangalore and Sangli) were unsuccessful in commencing due to

various contractual reasons, the concept of facilitating operator

understanding of existing systems and preparing long-term

“corporate plans” for system rehabilitation was well appreciated.

The Navi Mumbai contracts adopted a “performance monitoring”

role by the ULB while retaining the “service delivery” orientation of

operators. Similarly, the results emerging from the public-private

partnership adopted under the Karnataka Urban Water Sector

Improvement Project (KUWASIP) has stressed on output based

aids (OBAs) to oversee service delivery. ULBs are expected to

adopt an incremental approach to private sector participation with

a focus on performance monitoring.vii

3.7 In addition to the aforesaid initiatives, recognizing the critical importance

of rapid urban development and the growing contribution of the urban

Chapter – 3


28

sector to India’s GDP, the GoI – through the MoUD – launched the

Jawaharlal Nehru National Urban Renewal Mission (JNNURM) in

December 2005. JNNURM’s objective is to address urban infrastructure

and governance, and provision of basic services for the urban poor in

Indian cities. JNNURM is a reform-driven and fast track project, planned

at developing identified cities by focusing on efficiency in urban services

delivery, community participation and accountability of ULBs/Parastatals

towards citizens. The proposed duration of the Mission is seven years

(2005-12) and includes an outlay of approximately Rs. 1,000 billion,

covering 63 important cities in the Country.

3.8 The JNNURM, which commenced in the 10th Five Year Plan, will continue

to be the main vehicle for raising the level of infrastructure and utilities in

the existing cities. The aim of the Mission will be to create economically

productive, efficient, equitable and responsive cities and the focus is on (i)

improving and augmenting the economic and social infrastructure of

cities; (ii) ensuring basic services to the urban poor including security of

tenure at affordable prices; (iii) initiating wide ranging urban sector

reforms whose primary aim is to eliminate legal, institutional and

financial constraints that have impeded investment in urban

infrastructure and services; and (iv) strengthening municipal governments

and their functioning in accordance with the provisions of the 74th CAA.

3.9 It is against this historical and policy background that the Committee

undertakes its task of making its recommendations on urban governance

reform for Bangalore.

i Based on the results of the 1991 and 2001 census, it is estimated that the urban population evolved

from 210 million in 1992 to 290 million in 2002, i.e. the end of the 8th and 10th Five Year Plan

period respectively. The share of the urban population represented slightly less than 25 percent of a

total population of 850 million in 1992 and slightly more than 28 percent of a total population of

1,030 million in 2002. It is estimated that the urban population will reach 500 million or about 38

Chapter – 3


29

percent of the total population of 1,300 million in 2017, i.e. the end of the 12th Plan period.

According to the 2001 Census, 607 urban centres with a total population of 178 million were

reported to have slums, and the total population of these slums was estimated at 41 million.

Following historical trends, the slum population is expected to increase at an average growth rate of

3.5 percent during the next fifteen years to reach about 69 million in 2017. ii Public health includes water supply, sewerage and sanitation, eradication of communicable diseases

etc.; welfare includes public facilities such as education, recreation, etc.; regulatory functions related

to prescribing and enforcing building bye-laws, removal of encroachments on public land,

registration of births and deaths, etc.; public safety includes fire protection, street lighting, etc.;

public works measures such as construction and maintenance of inner city roads, etc. and

development functions related to town planning and development of commercial markets. iii

Besides the traditional core functions of municipalities, it also includes development functions like

planning for economic development and social justice, urban poverty alleviation programs and

promotion of cultural, educational and aesthetic aspects. Whereas Bihar, Gujarat, Himachal Pradesh,

Haryana, Manipur, Punjab and Rajasthan have included all the functions as enlisted in the Twelfth

Schedule in their amended state municipal laws, Andhra Pradesh has not made any changes in the

existing list of municipal functions. Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Tamil

Nadu, Uttar Pradesh and West Bengal states have amended their municipal laws and added some of

the additional functions in the list of municipal functions as suggested in the twelfth schedule. iv

While functions like planning for the social and economic development, urban forestry and protection

of the environment and promotion of ecological aspects are obligatory functions for the

municipalities of Maharashtra, in Karnataka these are discretionary functions. v Despite constituting Election Commissions in the states, very few states held elections within

prescribed time limit. Tamil Nadu held the election in 1996 only. In all the states under

consideration, except Karnataka, Maharashtra and Tamil Nadu, there were two rounds of municipal

elections. vi

The ERP is an integrated system that tracks and controls all aspects of BCC’s financial, logistics and

human resource operations. vii

Some major factors that one can notice regarding private participation in financing urban services

are:

(i) these initiatives have largely remained confined to the maintenance of urban basic services

through service contract or management contract;

(ii) these initiatives have to a large extent remained confined to the developed southern and

western states of Maharashtra, Gujarat, Karnataka and Tamilnadu; and

(iii) involvement of private investments for financing capital investment in urban services like

water supply and sewerage has remained limited.

C H A P T E R – 4

Metropolitan Governance

Chapter – 4


30

C H A P T E R - 4 Metropolitan Governance

An important outcome of the process of urban growth in developing

countries is the emergence of large cities or the metropolitinization of

urban areas. While contributing significantly to economic growth, the

metropolitan cities in India are faced with enormous challenges ranging

from the provision of basic services and dealing with urban poverty to

developing infrastructure of global standards. Bangalore having found a

place on the map of global technological hubs continues to struggle with

the problem of managing urban growth.

4.1 The introduction of a metropolitan perspective to discussions of urban

governance in Bangalore is the central objective of this Committee’s

Report. It is no longer sufficient for debates about Bangalore’s governance

to be viewed as merely a larger version of debates about other municipal

corporations in Karnataka or India. The metropolitan character of

Bangalore is not only an economic and cultural phenomenon, but also

requires a political and governmental approach that accommodates and

advances these metropolitan characteristics. To appreciate this point, one

needs to look at the manner in which Bangalore has evolved over the last

five decades from a small town to a cosmopolitan global economic entity

and beyond. (The brief details of this evolutionary passage and an

account of Bangalore’s existing governance framework including maps are

at Annexure 2). Hence, the tasks of governance reform must appreciate

this fundamental shift in the scale and significance of the city.

4.2 This need for legitimate political institutions to plan and co-ordinate at a

metropolitan level in India has been on the policy agenda for almost two

decades. We have recognized that metropolitan centres are growth

engines of the economy and that unless we develop legitimate structures

of governance to allocate resources at the metropolitan level, we are

unlikely to be able to sustain these growth impulses. As the metropolitan

Chapter – 4


31

level is sandwiched between the State Government on the one side and the

third tier of government – comprising urban and rural local bodies – on

the other, this level of government needs to be established with great care

and attention. As the BMA is the first, and at present only metropolitan

area in the State of Karnataka, the metropolitan level institution created

here is likely to be replicated state wide.

4.3 It is necessary at this stage to digress a little into the classification of the

world’s metropolitan regions. Usually, the classification is based on

demographic and economic characteristics. Urban geographers have

attempted classifications based on the pattern of growth. As stated earlier,

there are relatively few assessments of metropolitan regions based on their

governance structures. Such an assessment is critical for the purposes of

this report. Examination of worldwide experience suggests that

governance arrangements are a mix and match of different types of

structures and systems. Any categorisation in the process should not be

viewed as mutually exclusive or exhaustive. A partial categorisation based

on Webster, Cai, Maneepong (2006) is attempted below:

4.4 First, we consider Unicities where one single government has jurisdiction

over most of the metropolitan region. The earlier versions of the Greater

London Council, Bangkok Metropolitan Area, Toronto and more recently,

the city provinces in China such as Shanghai, Beijing or Tianjin, may be

considered as appropriate examples.

4.5 The second category is a Two-Tier arrangement with a metropolitan

government for the region but another tier for cities, districts or boroughs.

The present London Metropolitan Area, Seoul, Greater Toronto, Istanbul,

or some European metropolitan regions like Zurich may be considered as

falling in this category.

Chapter – 4


32

4.6 In the third category, multiple city and municipal jurisdictions are

maintained but for some specific services and tasks, Special Metropolitan

Wide Districts are created. These Special Districts are a much favoured

approach in the United States. In the Chicago Metropolitan region, for

example, there are six counties, 109 townships and 242 municipalities but

several hundred special districts with metropolitan wide jurisdiction

including one for mosquito abatement and another for mental health.

Highways, transit, water supply and environmental controls are within

the domains of such special districts. Los Angeles, San Francisco Bay Area

and the New York Metropolitan Region are some other examples where

several municipal jurisdictions co-exist with Special Districts.

4.7 A new and emerging category is that of City Regions where a limited

amount of consolidation is attempted at the municipal level but either the

province or special bodies created take the responsibility for stronger

integration of strategies, coordinated spatial development and delivery of

metropolitan level services. In this arrangement, existing municipalities

are expanded to some extent but maintained to perform many of the

municipal tasks. The Gauteng City Region in which Johannesburg and

Pretoria are located is an example.

4.8 A broad survey of current research (Webster, Cai and Manepong 2006) on

metropolitan and megapolitan governance systems around the world

teaches us several lessons. First, it is important that metropolitan

governance structures stay ahead of the expansion of built up areas. This

is necessary as the majority of physical and demographic growth occurs

on the periphery of metropolitan areas, often outside the purview of

metropolitan governance. While the expansion of the territorial

boundaries of BBMP is a partial response to this problem, we need to look

Chapter – 4


33

beyond Bangalore City and develop governance structures for the wider

metropolitan region.

4.9 Secondly, metropolitan systems are much more networked with the

outside world than smaller cities. While this is generally a positive

attribute, it does make metropolitan cities vulnerable to external risks.

Hence, metropolitan governance cannot be solely internally focussed and

must respond to major shifts in economic and political practice at both the

national and the global level. The need for a metropolitan governance

structure that builds on and leverages Bangalore’s cosmopolitan

resources is essential to develop a global vision of the City.

4.10 Thirdly, as metropolitan governance usually results in large vertically

integrated governmental institutions, it is essential that the governance

system allocates functional mandates efficiently. Responding sensitively

and innovatively to this tension between centralisation of metropolitan

government and decentralisation of governance functions is essential for

the success of metropolitan government. The creation of the BBMP has

resulted in the municipal corporation with one of the largest territorial

jurisdictions in the country. The creation of this massive political and

administrative entity must be accompanied by effective decentralization at

the Zone and Ward levels.

4.11 International experience suggests that one model of government is not

appropriate for all urban settings. Even within the same country or the

same State, metropolitan cities may require a distinct institutional

mechanism and governance processes which may be at great variance

with other existing models. In the effort to develop a distinctive model of

government for the BMR, we should take note of the lessons gained from

previous reform initiatives in Bangalore’s governance.

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4.12 Finally, we must acknowledge that civil society plays a very important

role in metropolitan governance. Strategies of planning, development, and

re-development of city spaces often draw on professional, cultural, social

and public-interest groups. Bangalore has a critical mass of NGOs and

CBOs which focus on civic issues and local government. Further, there is

an active town planning and professional architectural services

community which is keen to contribute to Bangalore’s governance. The

capacity of the metropolitan level institutions to tap into these varied

energies is crucial to the success of the reform effort.

The Metropolitan Planning Committee

Confusion about the purpose and role of the MPC, lack of political interest

and most importantly, the fear of the development authorities losing power

once MPCs are set up appear to be the main reasons for the failure to set

them up…… The failure to recognise the MPC as a high level,

democratically set up body, which will provide the constitutional mandate

to the whole exercise of metropolitan development planning has resulted in

a impoverished statutory frame work for this body.

(K.C.Sivaramakrishnan: Growth in Urban India, 2006)

4.13 Article 243ZE of the Constitution of India makes it mandatory for every

State to constitute a MPC to prepare a draft Development Plan for the

Metropolitan Area. The Metropolitan Area is defined as an area having a

population of 10,00,000 or more. (Article 243P(c)). This Metropolitan Area

is to be publicly notified by the Governor of a State.

4.14 Section 503B of the Municipal Corporations Act, 1976 translates these

constitutional requirements into the domestic law of Karnataka. The

section provides that the State Government shall constitute a MPC for the

BMA. It also provides that the BMA will be an area specified by the

Governor to be a Metropolitan Area. Though the Karnataka Municipal

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35

Corporations Act 1976 provides for the MPC, this part of the Act is yet to

be notified and hence is not in force. While this may explain why the MPC

for the BMA has not been constituted up to this date, it also allows us to

propose an altogether new format for metropolitan level governance in

Karnataka. To come up with a framework for metropolitan governance for

Bangalore there are three central issues that deserve our attention.

Territorial Jurisdiction

4.15 The first issue is the extent of territory over which the MPC should have

jurisdiction. The constitutional and statutory provisions provide that the

State Government may define the extent of the BMA by executive

notification.

4.16 The Committee considered various options and decided that it would be

appropriate to recommend the inclusion of the entire territorial

jurisdiction of the BMRDA, currently comprising the three revenue

districts of Bangalore Urban, Bangalore Rural, and the recently carved

out district of Ramanagaram into the BMA. The justification for this

recommendation is set out below.

4.17 The scope and extent of the BMA is critical to the design of institutions of

metropolitan governance. One of the principal problems in Bangalore’s

governance is the mismatch in territorial jurisdiction of the planning and

regulatory institutions and the territory within which rapid commercial

and residential development is presently taking place. This mismatch

results in a perpetual time lag between land development and the arrival

of regulatory and governance oversight. If this is to be overcome, the MPC

must achieve the scale necessary to plan for the future growth of a

contiguous area driven by the same growing energies. The development of

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the new International Airport at Devanahalli, the location of large

industrial clusters including up and coming SEZs have resulted in a spurt

in growth in the northern periphery of Bangalore. BMRDA’s new

townships to be developed through the PPP route as satellite towns

connected by the Satellite Towns Ring Road and the Peripheral Ring Road

has generated the prospect of rapid growth in the entire BMR.

4.18 Further, according to the Constitution, a metropolitan area must include

more than one urban local body which is a condition satisfied by the

BMRDA area. Finally, the BMRDA has already brought out a Structural

Plan and has begun the activity of planning at a metropolitan scale and

this activity may be built upon and strengthened.

4.19 The failure to set up an MPC is a continuing breach of the requirements of

the 74th CAA 1993. Hence, the Committee recommends that the MPC be set

up for Bangalore with no further delay. In order to allow for

comprehensive planning for a contiguous region which faces similar

growth pressures, the Committee recommends that the State Government

may notify the area comprising BMR as the BMA under the relevant

provisions of the Karnataka Municipal Corporations Act.

Size and Composition of the MPC

4.20 The Constitution provides that the MPC should be elected from among the

elected members of the Urban and Rural Local bodies in the metropolitan

area. In the previous section, we have recommended that the BMRDA

Area must be notified as the BMA for the purposes of the MPC. In this

section, we will propose the appropriate size and composition of the MPC.

4.21 Presently, the KMC Act 1976 provides for an MPC which consists of 30

members. However, if the MPC is to cover the BMRDA area as is now

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proposed, then the current membership of 30 people is clearly insufficient

to provide adequate representation to the large number of urban and rural

local bodies which are included in the BMR. The number of local

government institutions which will constitute the Electoral College for

such an MPC would be a total of 11 ULB’s including the BBMP, 314 Gram

Panchayats, 12 Taluk Panchayats, and 3 Zilla Panchayats. In order to give

adequate representation to regional interests and the various elected local

bodies, we recommend that the MPC may have 63 members, composed in

the manner set out below.

4.22 The composition of the MPC is regulated by Article 243 of the Constitution

which provides that “not less than two – thirds” of this number “shall be

elected by and from amongst the elected members of the municipalities

and Chairpersons of the Panchayats in the metropolitan area in proportion

to the ratio” between their respective populations. The population break

up based on 2001 Census taking into account the BBMP notification, is as

follows:

Population %

Urban 62.74536 Lacs 74.5

Rural 21.31773 Lacs 25.5

Total 84.06129 Lacs 100

4.23 On the basis of the total membership being 63 and taking into account the

constitutional stipulation as well as the population figures indicated

above, 42 out of 63 members will be elected while the remaining 21 may be

nominated. Among the 42 members to be elected, as the urban population

is 62.74 lakhs and rural population is 21.31 lakhs (73% and 27% approx.),

31 members will be elected from the ULB and 11 will be elected from rural

local bodies.

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4.24 Since the Constitution stipulates that all these members will have to be

elected by and from amongst the elected members, it is necessary to

formulate ‘electoral segments’ or ‘electoral colleges’ for organizing this

election. The Committee recommends that there will be 3 such electoral

segments comprising of, (1) Corporators of BBMP, (2) Councillors of the

other urban municipalities and (3) the Chairpersons of the 314 Gram

Panchayats, 12 Taluk Panchayats and 3 Zilla Panchayats. Out of the 31

members to be elected from ULBs, the number of seats that goes to the

BBMP and those to the other ULBs may be based on the population ratio

between the BBMP and other local bodies. Further, the Committee

recommends that since the MPC is a Committee envisaged as a part of the

74th amendment, the election to the same should be organized by the State

Election Commission, Karnataka. The term of office of an elected member

may be co-terminus with his holding of the elected office.

4.25 We now consider the manner in which nominations are to be made to the

MPC. The first matter for consideration is whether any provision should

be made for the MLAs, MLCs and MPs. In the extensive discussions the

Committee had with a cross section of the elected representatives, there

was a strongly expressed desire that provision should be made for their

representation. The Committee recommends that out of the 21 seats for

nominated members, 10 may be provided for MLAs, MLCs and MPs in the

following manner:

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• 6 members from Karnataka Legislative Assembly to be nominated

by the Speaker;

• 2 members of the Karnataka Legislative Council to be nominated

by the Chairman; and

• 2 members of the Lok Sabha to be nominated by the Speaker of the

Lok Sabha.

The duration of the office of this category of nominated members may be

co terminus with their term of office and a period not exceeding 3 years.

4.26 Given the importance of the BMR in the economic development of

Karnataka, it is crucial that the State Government has representation on

the MPC. Further, when one considers that it is critical for the political

heads of the State Government and the city government to act together to

ensure effective metropolitan governance, it is essential that these offices

are represented on the MPC. As Article 243E enables the State

Government to legislate on the composition of the MPC, such legislation

may go on to provide for the post of Chairperson and Vice-Chairperson. In

order to facilitate the alignment of political momentum between the state

and city government towards metropolitan governance, the Committee

recommends that the Chief Minister of Karnataka should be the Chairman

of the MPC and that the Mayor of BBMP should be the Vice Chairman.

4.27 The Committee strongly feels that the MPC should be an inclusive

platform which can give its careful consideration to very important issues

of Metropolitan-wide Planning and Development Strategies. For this

purpose, the relevant stakeholders have to be represented. Trade and

Industry have been the backbone of Bangalore’s development in recent

years. Additionally, Bangalore is also recognized as a leading centre of

professional and other expertise. Taking all these aspects into account, we

recommend that 9 nominations be made from categories listed below:

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1. A representative from the manufacturing industry;

2. A representative from the service industry including IT;

3. A representative from Trade and Commerce;

4. A representative from the Real Estate Industry;

5. An individual with recognized expertise in Environmental affairs;

6. An individual with expertise in education / health;

7. An individual of high professional recognition in Urban Planning

including fields such as Architects and Town Planners;

8. An individual with Legal Expertise

9. The Metropolitan Commissioner, who will also be the Member-

Secretary of the MPC, will be a person not below the rank of

Principal Secretary.

We further recommend that the individuals nominated by the State

Government vide categories 1 to 4 be nominated by the appropriate

recognized state or national associations and their tenure on the MPC

may not exceed three years . Further members nominated vide category 6, 7

and 8 above shall have a term of three years.

4.28 The Committee has given careful consideration as to whether officials of

the GoI and State Government as well as officials of various organizations

like Railways, Civil Aviation, parastatals of the State Government among

others should be formally inducted as members of the MPC. In view of the

very large number of the departments and organizations who are involved

in the governance of the BMR, it is not possible to accommodate all these

officials into MPC. It is also not advisable or practicable to make a

selection among them. All such officials need not be burdened with the

responsibilities to attend all the meetings of the MPC. It is sufficient if such

persons attend relevant meetings of the subject committees or the

Executive Committee of the MPC when invited by the Member Secretary

on behalf of the MPC.

4.29 We envisage the MPC to be a high level policy and strategy formulation

body which provides the necessary political mandate and backing for its

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decisions. The Constitution stipulates that the bulk of its members should

be elected by and from amongst the members of the Municipalities and

Chairpersons of the Panchayats to preserve this political character. Hence,

it is critical that this character is maintained and not diluted by including

the large number of officials which would make the MPC take on a

bureaucratic character.

4.30 The Committee recommends that the entire MPC may meet atleast twice

a year while a core Executive Committee and various subject committees

(for areas such as water and sanitation, environment, transport and

social sector issues) may carry out the work of the MPC through the year.

Relevant governmental organizations may be drafted into the committee

system of the MPC so that metropolitan governance may be coherent. The

BMRDA Commissioner may be the Member Secretary of the MPC as this

Report proposes that the BMRDA shall be the permanent secretariat to

the MPC.

Functions of the Metropolitan Planning Committee

4.31 Clause 2(d) of Article 243ZE provides that the Legislature of a State may,

by law, provide for ‘the functions relating to planning and coordination for

the Metropolitan area which may be assigned’ to the MPC. Hence, the

MPC should be invested with both planning and co-ordinating functions.

To be an effective co-ordinator, the MPC should be vested with the

necessary executive powers by law and regulation to perform this role.

Further, clause 3 of Article 243ZE provides that the MPC shall in

‘preparing the draft development plan… have regard to’ the plans of the

Municipalities and the Village Panchayats in the region. One of the

objectives of this plan is to develop a ‘co-ordinated spatial planning of the

area’. Hence, the MPC is not to be considered merely as a rubber stamping

Chapter – 4


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authority which collates existing plans. The MPC must go beyond

considering the plans submitted to it by the ULBs and the RLBs before

proceeding to develop a comprehensive and coherent metropolitan – wide

plan. To do this effectively, the MPC should be given the statutory power

to review and suggest changes and in certain cases overrule ULB and RLB

plans on issues which have a regional significance.

4.32 To carry out this expanded mandate, the MPC should monitor and review

the development plan and ensure its careful implementation. Article

243W(b) of the Constitution provides that the State Government may by

law endow committees with such powers and authority so as to carry out

the responsibilities under the Twelfth Schedule. As the MPC is one such

committee under Article 243G, it must be vested with the necessary power

to carry out this expanded mandate.

4.33 While the primary function of the MPC will be to put together several

plans of the urban and rural local bodies within its jurisdiction and

prepare a long term perspective plan for the BMR for a period of say 20-25

years, it is considered necessary and desirable to allocate a comprehensive

set of functions and responsibilities so that it emerges as an effective

institution of governance at the metropolitan level. By this, we will be also

ensuring better integration and accountability of all the local bodies and

parastatals within the BMR to the MPC.

4.34 In regard to the functions of the MPC, the Constitution itself vide Article

243E has provided elaborate stipulations which virtually serve as the

Terms of Reference for the MPC. It is worthwhile to recapitulate the salient

points of the provision which states that in preparing a MDP for the

metropolitan area as a whole, the MPC will have regard to:

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• the plans prepared by the municipalities or the panchayats in the

metropolitan area;

• matters of common interest between the municipalities and the

panchayats;

• coordinated spatial planning of the area;

• sharing of water and other physical and natural resources;

• integrated development of infrastructure;

• environmental conservation.

4.35 It will thus be seen that the Constitution has clearly accorded priority to

these functions. Further more, the Constitution also requires the MPC in

formulating the plans and strategies for the metropolitan region

development to take into account the objectives and priorities set by the

GoI and State Government including the nature of investments likely to be

made by Central and State agencies and other available resources, finances

or otherwise. In view of the significance and complexity of the planning

functions of the MPC we have devoted a separate chapter, which follows,

to discuss planning issues and make specific recommendations.

Administration:

4.36 Coming to the administrative structure of the MPC, the Committee

recommends that the BMRDA should be the “technical secretariat” for the

MPC. To make sure that this very important role is not diverted, the

BMRDA should strengthen its original mandate of strategic planning.

4.37 Though the MPC may meet twice a year and make its own rules and

procedures of functioning, it should be serviced by a permanent

secretariat – a role which could possibly be played by a restructured

BMRDA. Hence, we reiterate that the BMRDA’s role as a metropolitan

level regulator and planner must be strengthened and that it should no

longer be directly involved with project implementation. The relationship

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between the BMRDA and the MPC must be such that the BMRDA

functions as the technical and administrative arm of the MPC, which will

be the metropolitan level political institution. The MPC may have

sectoral sub-committees on water and sanitation, environment, transport,

rural-urban social sector issues in addition to constituting an Executive

Board which will meet more frequently to review progress on all fronts

and give its report on proposals to be examined and endorsed by the MPC.

4.38 Article 243ZF makes it obligatory on the State Government to harmonize

existing State laws which are inconsistent with the constitutional

provisions for the MPC and the urban local government. As eliminating

inconsistencies between the State law and the constitutional provisions is

obligatory, several state legislations will need to be amended to give the

MPC sufficient power to function as a metropolitan level governance

institution. These include among others, suitable amendments to the KMC

Act 1976, the KTCP Act, the KLR Act etc.

4.39 Given the wide and comprehensive mandate of the MPC, the need for

continuance of District Planning Committees (DPC) in the three revenue

districts of the BMR may be reviewed. In our opinion these may not be

necessary. In this connection, the Committee has noted the creation of the

new district of Ramanagaram in August, 2007 by bifurcating the southern

part of the erstwhile Bangalore Rural District and also that the Bangalore

Urban District includes Anekal TMC and some adjoining rural areas. The

Committee feels that the Bangalore Urban District in order to reflect its

urban character may be confined to the BBMP area and Anekal TMC and

the rural local bodies be merged in Bangalore Rural or Ramanagaram

district in an appropriate manner. This way, the Zilla Panchayats in the

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BMR can be reduced to two districts i.e. Bangalore Rural and

Ramanagaram and the planning functions can be integrated to the MPC.

C H A P T E R – 5

Planning for the Bangalore Metropolitan Region

Chapter – 5


46

C H A P T E R - 5


A cursory look at the organization of planning for the city indicates

that there is a total absence of an integrated planning machinery,

inadequate emphasis on planning among the various bodies entrusted

with the city’s administration, and that the existing law on the subject

is outmoded and needs to be changed

(CUMB Report 1997)

5.1 The unprincipled and chaotic distribution of planning functions among

different institutions across different levels of Government has resulted

in overlapping jurisdictions and the absence of a clear mandate. This

Committee reiterates the need for a clear institutional architecture and

distribution of planning functions. Further, ‘urban agglomerations need a

metropolitan-wide vision, planning, advocacy and action. Sources of water,

disposal of waste, traffic, transport, drainage and abatement of air pollution are

some examples where one city corporation or one municipality cannot achieve

much in isolation.’ (KC Sivaramakrishnan Source 2006).

Constitutional and Statutory Framework

5.2 The Constitution envisages significant planning and regulatory

functions at the Urban Local Body level. These are set out in three

entries of the 12th Schedule read with Article 243W of the Constitution

to include:

(1) Urban Planning including Town Planning;

(2) Regulation of Land Use and Construction of Buildings; and

(3) Planning for Economic and Social Development.

At the MPC level, the Constitution prescribes the development of a

‘draft development plan’ which:

Chapter – 5


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(1) Requires that due attention be paid to all urban local body

plans;

(2) Covers all matters of common interest to municipalities and

the Panchayats including the co-ordinated spatial planning;

(3) Should take into consideration investment into the

metropolitan region;

(4) Facilitate integrated development of infrastructure and

environmental conservation;

5.3 List III of the 7th Schedule to the Constitution confers on the Union and

State governments the overarching power to do ‘economic and social

planning’ in entry 20 of the List. Further, several entries in List I and II

of the 7th Schedule to the Constitution which regulate other areas of

social and economic activity have been construed to confer on the

respective governments, the power to plan for this area of activity.

Coordinated Spatial Planning

5.4 Karnataka is one of the States which, over a period of years, has

promulgated several laws relating to Spatial Planning. KTCP Act is

one of the earliest laws on the subject in the country, post

independence. One of the key provisions of the Act relates to the

preparation of the Master Plan which is described as “a series of maps

and documents indicating the manner in which the development and

improvement of the entire planning area within the jurisdiction of the

Planning Authority are to be carried out and regulated”.

5.5 Accordingly, the BDA set up under BDA Act is assigned the task of

preparing the Master Plan for the Local Planning Area (LPA) and

enforcing the same. The LPA or metropolitan area extends beyond the

BBMP to an extent of 1307 sq. kms, inclusive of 67 sq. kms of Bangalore

Mysore Infrastructure Corridor Planning Authority (BMICPA). In

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addition, several Local Planning Authorities (LPA’s) have also been set

up for parts of the Region. Straddling across all these is the BMRDA

which was set up for preparing the Structure Plan for the larger BMR.

Recognizing the need for a review and co-ordinating mechanism, the

KTCP Act was amended in 1986 to stipulate that the plans prepared by

the competent authority for any LPA within the BMR had to be

submitted to the State Government for approval through the BMRDA

and in the process of giving that approval, the BMRDA shall exercise

the powers and discharge the functions of the Director of Town

Planning (Sec. 81-C of the KTCP Act).

5.6 Another significant aspect to note is that the power to regulate

conversion of land from agriculture to non-agricultural use lies with the

competent authority under section 95 of the KLR Act. The existence of

this power has led to several distortions which have had adverse

impact on the development of the land markets and resulted in

unplanned growth in the urban and peri-urban areas in the BMR. The

High Courts have commented upon the redundancy of this provision in

areas covered by a Master Plan, but the amendments carried out in the

KLR Act have continued the operation of the provisions relating to land

conversion to non-agricultural use in LPAs.

5.7 It would be observed that the authorities designated as planning

authorities are constituted under state government statutes and are

unelected executive agencies carrying out local planning functions.

However, it needs to be mentioned that the membership of the Boards

of these authorities do provide for representatives from the urban local

bodies within their jurisdiction. The dispersal of the land planning

functions by conferring zoning power on unelected development

authorities and land use power on the state government authorities

Chapter – 5


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makes the local level planning framework envisaged by the

constitutional provisions a non-starter as the power to regulate the

supply of urban land and the manner of its development is conferred

on the state government and not the local government.

5.8 More recently, a non-statutory contractual arrangement between the

Union government and the urban local governments under the GOI

sponsored JN-NURM has introduced a new requirement i.e. creation of

a City Development Plan (CDP). A CDP is both a perspective and a

vision for the future development of a city. It presents the current stage

of the city’s development – where are we now? , It also sets out the

directions of change – where do we want to go? It then identifies the thrust

areas — what do we need to address on a priority basis? It also suggests

alternative routes, strategies, and interventions for bringing about the

change – what interventions do we make in order to attain the vision? It

provides a framework and vision within which projects need to be

identified and implemented. Furthermore, It establishes a logical and

consistent framework for evaluation of investment decisions a city

development plan must include. Further, the urban reforms programme

under the JNNURM mandates that all urban planning functions should

be conferred on the elected ULB.

5.9 This preliminary survey of the constitutional and statutory distribution

of planning functions makes it clear that several levels of government

are meant to share the planning function over the same subject matter.

The Committee feels that the present set up for preparation, approval

and implementation of the spatial planning in the metropolitan region

is a bewildering area with overlapping and conflicting jurisdictions. The

74th CAA with its provision for creation of the MPC provides a clear

opportunity to rationalize such a system.

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5.10 To develop a clear planning framework, we will need to map the

control to be exercised on specific areas of planning on the appropriate

level of government. To arrive at this, we need to first appraise the

current status (as on 1-1-08) of spatial – planning outputs in the BMR

which are as follows:

a) The Master Plan prepared by the BDA for the Bangalore LPA

comprising 1307 sq. kms (inclusive of 67 sq. kms of BMICPA area).

b) The Master Plans prepared for other LPAs within the BMR the details

of which are as follows:

1. Bangalore International Airport Area Planning Authority

(BIAPA) has a provisional Master Plan covering an area of 985

sq kms;

2. Interim Master Plans are also published for

i. Magadi - 501.52 sq. km

ii. Nelamangala - 735.00 sq. km

iii. Anekal - 403.00 sq. km

iv. Hosakote - 535.00 sq. km

v. Kanakapura - 412.00 sq. km

c) There is yet another LPA namely the BMICPA whose Master plan

traverses the jurisdiction of the BMR to the extent of 404 sq kms;

d) Finally there is the Structure Plan of the BMRDA which covers the

entire BMR comprising over 8000 sq kms.

[There is yet another LPA viz., Ramanagaram Chennapatana Urban

Development Authority (RCUDA) comprising an area of approximately 63.06 sq

kms but no Master Plan has been prepared for this area. Current proposal of

BMRDA is to prepare an interim Master Plan for the region titled APZ – 1

comprising (a) Bidadi hobli, (b) Ramangaram Taluk, (c) Channapatna Taluk and

area covered by RCUDA]

5.11 The range and variety of plans developed by different levels of

government on the same subject matter within the BMR has resulted in

inconsistent planning and wide resource gaps. Presently, in Bangalore

there is no MPC that plays a co-ordination role for synergising all these

planning functions exercised and ensuring that there are no

overlapping jurisdictions and conflicts. The role of BMRDA as a

reviewing and co-ordinating authority has had at best limited success

Chapter – 5


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for a variety of reasons. To enable the MPC to carry out a co-ordinating

and integrating role, we need to develop and put in place a clear

hierarchy of planning institutions and plans where the MDP under the

MPC should co-ordinate and override all other plans developed by

other state functionaries and local bodies in the metropolitan region.

The Constitution provides that the MPC will have a reference

jurisdiction whereby important decisions by other levels of government

must get the MPC approval as well as a review and clarification power

over local government plans. This institutional hierarchy whereby the

MPC is conferred with the overall decision making power in this area

must be established in the statutes to be drafted for creation of the

MPC in Karnataka. Related statutes such as the KTCP Act and the

BMRDA Act should also be amended to accommodate the primacy of

the MPC.

5.12 In the 74th CAA vide Schedule XII, urban planning including town

planning has been listed as a first item pertaining to municipalities.

Now that the BBMP has been set up with an expanded jurisdiction, it

will be necessary to assign the powers of Town Planning to the BBMP.

This in itself will call for some modifications in the BDA and the KTCP

Act. But, even after this, the BBMP’s Town Planning powers will not

extend to the whole of the metropolitan region. The other municipalities

in the region will not have the need or competence to cover regional

issues. It is, therefore, necessary that a mechanism is provided to review

the Town Plans prepared by the BBMP and other municipalities in the

region or other planning authorities to ensure that the regional

priorities and strategies are taken into effect. Further more, the plan of

any one jurisdiction will certainly create demand for various sectoral

investments and utilization of water and other resources. Such plans

Chapter – 5


52

will also have an environmental impact. It is, therefore, necessary that

the MPC has a ‘review function’ in regard to the town plans prepared

by the BBMP, other ULBs, and sectoral plans prepared by other

statutory bodies. Such a power as mentioned before is already

available with the BMRDA. The Committee recommends that this

particular power should be suitably amplified and vested in the MPC

instead of the BMRDA. The Committee further recommends that since

the MPC is a representative body with a sovereign character, it is not

necessary for the regionally coordinated spatial plan to be referred to

the State Government for formal approval.

Land Use:

5.13 Land use is an important and critical aspect of spatial planning. In

many urban areas of the country, in particular, fast growing

metropolitan areas, conversions of agricultural land for non-agricultural

purposes has been rampant. It is the Revenue Authorities that have the

responsibility to authorize such conversions. We have already pointed

out in para 2.3 of this chapter, the anomalies caused by the dual

jurisdiction of revenue and town planning authorities. Even though co-

ordination mechanisms through referral of conversion cases exist, in

actual practice, it is very difficult to monitor all cases of conversion and

to what extent they can conform to the development plan. The

Committee, therefore, recommends that the power presently given to

the Revenue Authorities in the BMR for authorizing conversion from

agricultural land to non agricultural use should be vested in the

Metropolitan Commissioner / Member Secretary, MPC.

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53

5.14 We will now examine how the land use planning function and

enforcement may be distributed in a few key areas of metropolitan level

planning.

5.15 The regulatory control of town and country planning, involving among

others control over the use of land and development permissions is

currently distributed between the State government, LPA’s and the

municipal government. Streamlining this area of legal regulation is

critical to ensure the orderly development of the BMR.

5.16 The record of the BDA in enforcing the Master plan has not been

altogether satisfactory for a number of reasons and not in the least due

to BDA’s disproportionate preoccupation in its role as a public

developer. The CUMB 1997 which reviewed the performance of the

BDA had underscored this aspect.

5.17 In rural areas the elected rural local bodies are given the power to

approve development permission within their territorial jurisdiction

and the limits of such powers were defined and clarified by various

government circulars issued from time to time. As a result, a significant

amount of peri-urban development around Bangalore city has taken

place on the basis of such development permissions. However, the

incapacity of the rural local body to provide infrastructural facilities to

support such large scale development projects has resulted in

haphazard and unsustainable development around Bangalore city.

Hence, in rural areas the powers of the RLBs to grant development

permissions must be restricted to the Gram Thana areas after a survey

is conducted by the BMRDA to identify such areas. Further, in these

areas as well as other rural areas the powers of the RLBs to grant

development permissions should be regulated and restricted by the

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BMRDA. Section 81-B of KTCP Act, 1961 should be amended to

empower BMRDA with the planning function for the entire BMA (now

region) and the BDA which currently enjoys the regulatory / planning

functions should be divested of this role. Other relevant laws such as

the Karnataka Land Reforms Act and the Karnataka Panchayat Raj

Act should also be amended to restrict or eliminate the scope of

development permissions granted by rural local bodies or revenue

authorities within the BMR. The BMRDA should establish a network

of local planning offices in the various regions of the BMR. If we ensure

that the BMRDA acts under the overall plans of the MPC, orderly

development of the area is possible.

5.18 The constitutional provisions and the JNNURM obligations require that

all planning functions should be conferred on the urban local bodies.

Hence, the power to create and enforce the Master Plan, within their

respective jurisdictions, under the KTCP Act should be conferred on

the BBMP and the other urban local bodies in the BMR. For the areas

in the BMR which are governed by rural local bodies, this power may

be conferred on the BMRDA which will be accountable to the MPC.

This would mean that no further LPA’s are necessary in the BMR.

Further, Sections 14, 15, 16, 17 and 18 of the KTCP Act should be

amended to confer enforcement powers on the ULBs and the BMRDA.

5.19 The KLR Act confers powers on the State Government to control the use

to which land is put i.e. either agricultural or non-agricultural use. The

State government has designated the Deputy Commissioner as the

appropriate authority to decide on applications for conversion of land

from agricultural use to non agricultural use. Further section 79A/B of

the Karnataka Land Reforms Act restricts the transfer of agricultural

land to non-agriculturists. These provisions taken together result in a

Chapter – 5


55

situation where the State government controls the supply of urban land

and thus the local planning authorities may be working at cross

purposes. The conflict between the statutes has been ironed out by

recent High Court decisions which have held that the planning powers

under the KTCP Act will supersede the authority of the State

government under certain circumstances. (Kar HC 2006). There have

also been proposals to amend the KLR Act to allow industrialists to buy

land directly from agriculturists.

5.20 This Committee recommends that for urban planning to be successful,

the urban local government should be given overall control over the use

of land within their territorial jurisdiction subject to the guidelines of

the MPC and MDP. In all other areas of the BMR, land use planning

should be in the hands of the BMRDA. Streamlining the legal and

institutional framework around land use planning by making the

necessary amendments to the laws regulating land use is of utmost

importance.

5.21 For land use planning to be successful and effective it must be aligned

with the power to control land use. To enable the MPC to determine the

overall land use in the metropolitan region, S 95 of the KLR Act needs

to be amended to confer this power on the metropolitan level

government. Though this may appear to be a radical proposition at first,

on closer scrutiny we notice that such systems already exist elsewhere

including the neighbouring state of Tamil Nadu.

5.22 There is yet another dimension of land use which relates to land

acquisition for industrial uses by the KIADB. Typically, the statutory

provisions enable the KIADB to declare the usage of land for industrial

purposes by notification and thereafter the acquisition process is set in

Chapter – 5


56

motion. This, therefore, has the effect of reversing the designated land

uses as per Master Plan or Structure Plan. Though these declarations

are notified, and objections called for, in reality the scope for a fully

informed debate and conflict resolution in the best public interest is

limited; this results in a lot of litigation and attendant consequences. In

recent years, the acquisition of land for Special Economic Zones (SEZs)

has become yet another area of controversy. The Committee

recommends that land acquisition for industrial purposes within the

BMR should be within the regulatory domain of the MPC and

necessary amendments should be incorporated in the KIADB Act to

actualize this.

Social and Economic Planning

5.23 Social and Economic Planning includes varied dimensions of planning.

Infrastructure, Education, Health and Social Welfare, all fall within the

ambit of Social and Economic Planning. Insofar as infrastructure is

concerned, the MPC’s primary task would be to address matters of

common concern between the municipalities and the Panchayat and

create a framework for integrated development of infrastructure. Co-

ordinated spatial planning which is a task that MPC is entrusted with,

will have to address among others, sharing of water and other physical

and natural resources. All this calls for a realignment of institutions

dealing with sector specific responsibilities such as BWSSB (water

supply), Bangalore Municipal Transport Corporation (BMTC) etc; The

Committee recommends that the BWSSB’s jurisdiction should be

enlarged to cover the whole metropolitan region. The BWSSB should

also prepare a water and waste water plan for the metropolitan region

as a whole which will be reviewed and endorsed by the MPC. The

Bangalore region as is well known is a water scarce area. The allocation

Chapter – 5


57

of the water between different parts of the region and efficiency choices

in source development, services and development of water supply

systems will be important planning functions of the MPC.

5.24 Likewise there are a number of organizations dealing with transport

and traffic such as the State Transport Department and statutory

organizations such as Karnataka State Road Transport Corporation

(KSRTC), BMTC, The Bangalore Metro Rail Corporation, Public Works

Department (PWD), Traffic Police etc. Having regard to the

recommendations of the National Urban Transport Policy, (NUTP), the

state government recently established the Bangalore Metropolitan Land

Transport Authority(BMLTA) with jurisdiction extending to the entire

BMR, with the BMRDA given the responsibility to serve as the

technical secretariat. It is envisaged that this body which has a wide

and comprehensive mandate, will eventually be given a statutory basis.

We are of the view that the BMLTA should be accountable to the MPC

which would review its functioning periodically and endorse the plans

prepared for integrated urban and peri-urban transport systems. The

Committee would also recommend that the BMTC’s jurisdiction be

extended to cover the entire BMR to ensure efficient connectivity

between the BBMP and emerging growth centres in the BMR such as

townships, International airport etc., and provision of city services in

other ULBs in the region

5.25 The Constitution has specifically mandated the MPC to address itself to

environment conservation. For this purpose, the MPC will have to

interact and give guidance to line agencies and departments such as

Pollution Control Board, Department of Environment, Department of

Forests etc. A metropolitan-wide geographical information system is

Chapter – 5


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critical for the MPC to enable it to exercise its responsibilities in this

regard.

5.26 Presently, planning for social sector (i.e., Education, Public Health etc.,)

in the BMR is carried out primarily in the relevant State Government

department. For example, the Education Department designs and

implements plans for administering primary and secondary education

all over Karnataka including the BMR and the ZP plays its designated

role in executing these plans. The role of the urban local government

and the metropolitan governance institutions in this sphere of activity is

marginal. The Committees is of the view that, at this stage, no major

changes are called for in this area except with respect to the role and

responsibilities of BBMP which is spelt out separately in Chapter – 6 of

this report.

5.27 Several parastatals including BWSSB, Bangalore Electricity Supply

Commission (BESCOM), PWD, National High Way Authority of India

and several others have planned for different zones of economic

activity. In order to co-ordinate these different agencies, we recommend

that the two institutions in the BMR Region viz; the ULBs and the

District Planning Committee (DPC) may be given overall

responsibility for economic and social planning under the guidance of

the MPC.

5.28 The ULBs in the BMR should prepare CDPs. The CDPs should be given

a statutory basis and all parastatals operating in ULB jurisdiction

should comply with these CDPs. By developing a legislative framework

for social and economic planning, which is analogous to the present

framework for land use planning, we allow for integrated planning in

these areas.

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5.29 Planning for social and economic advancement in other areas of the

BMR not falling within the jurisdiction of the ULBs insofar as it is

falls within the purview of the district sector, should be done by the

concerned DPCs under District Planning guidelines, with the difference

that these plans need to get integrated into the overall MDP which is

prepared by the MPC.

5.30 Sectoral Planning cutting across the city level having regional

implications will have to be carried out by the parastatal

organizations and departments of government. However these plans

will have to be overseen by the sectoral divisions within the BMRDA

and approved by the MPC.

5.31 The implementation of the social and economic plans must be under the

overall supervision of the concerned ULB, ZP or BMRDA/ MPC. The

execution of these plans may be carried out either directly by the ULB

or ZP or the parastatal organization or government department either

directly or through the Public Private Partnership (PPP) route.

Financial Planning

5.32 The MPC introduced by the 74th CAA allows for the integration of rural

and urban planning through development plans to be prepared by

elected representatives of urban, rural and peri-urban areas. Further, it

also envisages an integrated development planning by integrating

spatial planning with infrastructure, social and economic planning. (Dr

A Ravindra Management of Large and Small Cities – The Case of

Bangalore 2000)

5.33 Integrated development planning requires an integrated capital

investment programme and a capital budget. Presently, massive

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60

amounts of public and private investment flow into the BMR. However,

these investments are co-ordinated poorly and hence large amounts of

private investment are in areas which have little public infrastructure

and this leads to accusations of governance failure. Further, public

expenditure is often planned without serious financial considerations

resulting in time overruns and cost overruns.

5.34 Investment planning for the metropolis will have to be global and

sectoral at the same time. Sectoral plans will have to be prepared for

land, housing, transportation and other infrastructure and then a

comprehensive inter-sectoral plan which brings these plans together at

a metropolitan level needs to be provided for. Once sectoral and inter-

sectoral plans have been prepared there is a need for a Metropolitan

Capital Investment Plan for a five year period which identifies

resources and allocates them efficiently to achieve local, regional and

national priorities.

5.35 At this point, there is no capital investment plan or financial plan for

the metropolitan area as a whole. Different agencies such as the BDA,

BWSSB, BMTC formulate their own plans and budgets in isolation and

there is no co-ordination or linkage with each other or with the

Municipal and State budgets. The introduction of capital investment

planning and budgeting is absolutely essential to establish a rational

system to mobilize institutional resources on the one hand, and

ensuring that capital creation matches income necessary to operate and

maintain the investments, on the other. By requiring that the capital

budgets of these institutions be approved by the MPC and empowering

the MPC with the statutory authority to periodically monitor and

enforce these plans, we will provide an institutional framework to

streamline financial planning in the Bangalore metropolitan region.

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The Manila Capital Investment Folio (CIF) uses this model to allow the

MPA to be a financial authority.

5.36 Development planning is a complex political and administrative

process whereby diverse interests are aggregated and reconciled. Often,

the process by which this takes place is far from satisfactory. For

example, in the recent litigation surrounding the use of textile mill

lands in the heart of Mumbai, various public interest groups, the State

government and the Municipality advanced different positions on the

‘public interest’ to be served by the use of mill lands. These positions

were irreconcilable and the court deferred to the view of the State

government on this issue. Hence, the institutional framework of

planning proposed in this report will be subject to the stresses and

strains of everyday politics and the outcomes of such a planning

process are unlikely to satisfy all interests at once.

C H A P T E R – 6

Reorganization of Bruhat Bangalore Mahanagara

Palike

(Greater Bangalore Municipal Corporation)

Chapter – 6

Reorganization of Bruhat Bangalore Mahanagara Palike

62

C H A P T E R - 6 Reorganization of Bruhat Bangalore Mahanagara Palike

(Greater Bangalore Municipal Corporation)

6.1. While the 74th CAA provides for the creation of an MPC to deal with

metropolitan planning issues, it has not prescribed the pattern of local

government to be adopted in a metropolis. It has, however, mandated

the Legislature of a State to endow the municipalities with such powers

and authority as may be necessary to enable them to function as

‘institutions of self government.’ It is, therefore, left to the states to

decide on the type of municipal government it sets up in its cities.

6.2. An analysis of the urban local governments in India, reveals broadly

three models, they may be classified as follows:

Indirectly elected Mayor with a strong Commissioner

6.3. Under this system, typified by the Mumbai Municipal Corporation, the

Councillors are directly elected by the people and Mayor is indirectly

elected by the Councillors. The Mayor does not exercise any executive

powers. He presides over the meetings of the Council and performs

ceremonial duties. The Commissioner is the Chief Executive of the

Corporation with wide ranging administrative, discretionary and

emergency powers. The other municipal authorities exercising powers

under the Corporation Act include a Standing Committee and subject

committees such as a Markets and Gardens Committee and Law and

Revenue Committee among others. The Commissioner is assisted by a

number of regional / zonal Additional Commissioners to whom the

powers of the Commissioner have been delegated to a considerable

degree. The Ward Committees (WCs) consist of councillors

representing their electoral wards and other nominated members.

Chapter – 6


63

Directly Elected Mayor with a strong Commissioner

6.4. In some cities, the Mayor is directly elected by the people but he does

not enjoy executive powers. This system is prevalent in States such as

Andhra Pradesh, Madhya Pradesh and Uttar Pradesh. The tenure of the

Mayor in these States is five years but the executive powers are

exercised by the Commissioner. The city of Chennai had previously

adopted the system of directly elected Mayor but has subsequently

reverted to the system of an indirectly elected Mayor. Under the

directly elected system in Chennai, the Mayor exercised some authority

as the Chairman of the Appointments Committee of the Corporation

and certain Joint Committees set up to achieve co-ordination with the

Chennai Metropolitan Development Authority and Slum Clearance

Board. The Mayor was also empowered to sanction works up to Rs.10

lakhs, and the power of approvals beyond this limit was vested with

the Standing Committee and Council.

Mayor-in-Council System

6.5. The only metropolitan city which has introduced this system in India is

Kolkata. The Kolkata Municipal Corporation Act provides for three

municipal authorities: the Corporation, Mayor-in-Council and the

Mayor. While the councillors are directly elected, the Mayor is

indirectly elected by the members of the Council. The Mayor enjoys a

five year tenure which coincides with the term of the Corporation. The

Mayor chooses the Deputy Mayor and not more than 10 Councillors to

form the Mayor-in-Council. The Corporation elects the Chairman who

presides over the council meetings.

Chapter – 6


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6.6. The Mayor-in-Council functions as the political executive of the

Corporation and is collectively responsible to the Corporation. The

Commissioner is the Principal Executive of the Corporation and

exercises statutory powers subject to the control and supervision of the

Mayor. The Mayor exercises emergency powers and such other powers

conferred on him under the Act. There is a Municipal Accounts

Committee comprising of not more than seven members elected from

amongst the Councillors and two members having knowledge of

financial matters, nominated by the Corporation. The election to this

Committee is through a system of proportional representation by

means of a single transferable vote.

Municipal Systems across the World

6.7. In most cities in the USA, the Mayor is directly elected by the citizens

and enjoys a tenure of 2 to 4 years, as determined by the Citizens

Charter. While some cities have a strong Mayor with a weak Council,

some others have a weak Mayor with a strong Council. Invariably, the

Mayor is the head of the City Government. He presides over the

Council meetings and is responsible for the enforcement of all Council

resolutions. The city council usually appoints committees for

preparation of plans, and city plans are prepared by involving citizens

through a consultative process. The City Manager is responsible to the

council administration for all city affairs and has the power to appoint,

suspend and remove employees of the city government.

6.8. Karachi, the largest city in Pakistan, has introduced a federal structure

of city government, consisting of, a City District Council, 18 Town

Councils (counterpart to the London boroughs) and 178 Union

(Neighbourhood) Councils. This system establishes a kind of City

Chapter – 6


65

District Government which is aimed at responding to the needs of mega

cities.

6.9. Johannesburg, in South Africa, has evolved its own model of city

development by carrying out wide ranging reforms. The city which was

composed of several municipalities with overlapping functions has now

been consolidated into one Greater Johannesburg Metropolitan Council,

with an Executive Mayor at its head. The Mayor appoints a Mayoral

Committee, some what like a ‘Local Cabinet’. The city is divided into

different administrative regions, each of which is managed by a Chief

Executive Officer or Regional Manager and the concerned councillors.

The Chief Executive Officer is appointed by the Mayor and the Council

on a contract basis and is given charge of central administration

including finance, contract management, corporate and community

service functions. Although the political powers have been centralized

at the level of the Executive Mayor, the service delivery has been

decentralized. The line departments have been abolished and

companies have been set up for major civic services such as water and

sanitation, roads, electricity and transportation. These companies are

fully owned by the municipal council and managed by a professional

board. The metropolitan council at the apex level co-ordinates the

various activities and also undertakes spatial planning.

Chapter – 6


66

Evolution of Bangalore Municipal Government: Pressure for Reform

6.10. The BMP was established in 1949 by merging two separate

municipalities, which were in charge of the administration of the ‘City

Area’ and the ‘Cantonment Area’ respectively. The population of

Bangalore at the time was about 0.75 million and the municipal

corporation started with seven divisions with as many elected

councillors. With the growth in population, the representation in the

Council had to be proportionately increased, till it reached a level of 100

in 1995 when the municipal area had expanded to 226 sq. kms,

comprising 100 wards, each represented by a Councillor in the City

Corporation.

6.11. The rapid growth of the city in the last decade has placed considerable

stress on its physical infrastructure as well as the credibility of its

governance. It has also been accompanied by a tide of rising citizen

expectations. This pressure for reform was initially addressed through

the formation of 7 City Municipal Councils and 1 Town Municipal

Council in areas beyond the BMP. However, this proved inadequate to

cope with the problems of metropolitan growth and the effective

delivery of services. Therefore, the government decided to constitute a

single large municipal corporation by integrating the 8 ULBs as well as

the contiguous villages. Thus the BBMP came into being in January

2008 and the municipal area expanded to almost 800 sq km with a

population of over 6 million people. The delimitation process underway

is expected to result in 145 wards. The key objectives for the formation

of BBMP as set out in the Government Order are:

a) Improve and co-ordinate infrastructure development for; road

and transportation network, water supply and UGD, Solid

Waste Management etc.,

Chapter – 6


67

b) Upgrade quality of urban civic services etc.,

c) Strengthen administrative capacity to ensure better

enforcement of various rules/regulations and better co-

ordination in service delivery etc.,

d) Optimize expenditure on establishment.

6.12. The existing system of municipal administration in Bangalore is

modelled some what on the lines of Mumbai. The KMC Act provides

for a ceremonial Mayor who changes every year; a Commissioner

appointed by the Government who is vested with executive powers

subject to the overriding powers of the Standing Committee/s and the

Council; and a relationship between the elected councillors and

officialdom marked by conflicts and compromises.

6.13. The State Government continues to exercise considerable control over

the Corporation. It appoints the Commissioner and other senior officers

of the Corporation and approves the staff strength. The Commissioner,

thus, more often than not, considers himself as an agent of the State

Government and tends to view the municipal issues from the State

Government’s perspective. The State Government also has the mandate

to approve the annual budget of the corporation and may restrict

municipal borrowings. Moreover, the State Government has the

overriding power to issue directions and if necessary, dissolve the

Municipal Corporation.

6.14. Despite being elected to the deliberative wing of municipal

government, the councillors exhibit little interest in policy issues.

Instead, councillors are deeply interested in local administrative matters

like transfer of officials and the award of contracts. Councillors are

frustrated with the limitations of their role, as can be seen from the fact

that while they are supposed to represent the interests of their

constituents, they do not directly participate in city governance. Thus,

Chapter – 6


68

as ‘there is usually a large gap between policy and what eventually

emerges at the administrative level, for the councillor to content himself

with policy matters and to leave administration to others, would be the

height of folly.’ (Church, 1976)

6.15. The role of parastatal agencies such as the BDA and BWSSB in city

governance has only been increasing with time; this limits the

operational domain of the elected Corporation. These organizations

have, at times, a bigger budget than that of the Corporation and enjoy

greater administrative and financial autonomy than the elected body.

6.16. We thus have a scenario where the elected municipal body is perceived

by the citizens to be responsible for a variety of civic services, but does

not enjoy the autonomy envisaged under the Constitution to function as

an effective Local Government. It is, therefore, imperative to usher in

major reforms in the structure, organization and functions of the BBMP.

It is essential to sufficiently strengthen the premier urban local body of

the BMR to face the challenges of a rapidly expanding and modernizing

global city. The new institutional arrangements should fulfil the

following objectives:

a) Ensuring political accountability of the elected representatives

including the Mayor;

b) Maintaining a healthy balance between the elected

representatives and municipal bureaucracy, and between

politics and management; and

c) Providing effective service delivery to the citizens and reaching

out to the aspirations of metropolitan development.

Legal Framework for BBMP

6.17. Article 243Q(1)(c) of the Constitution provides that there shall be an

institution of self government called a Municipal Corporation for a

Chapter – 6


69

larger urban area. Two main statutes govern the functioning of ULBs in

Karnataka: The City Corporations are governed by the KMC Act and

the other ULBs by the Karnataka Municipalities Act, 1964 (KM Act).

The BBMP has been notified as a municipal corporation under the KMC

Act. This Act provides for the institutions of municipal governance (the

executive and deliberative) and the functions and utility services to be

provided by all municipal corporations in the State.

6.18. The KMC Act applies to eight Corporations; namely, Bangalore,

Mangalore, Mysore, Belgaum, Hubli-Dharwad, Bellary, Davangere and

Gulbarga. The expanded jurisdiction makes BBMP one of the largest

municipal corporations in the country. In the discussion below, we

examine the key elements of the institutional framework and

governance processes of the BBMP.

Municipal Authorities

6.19. Section 6 of the KMC Act provides that the Corporation, the Standing

Committee and the Commissioner are ‘municipal authorities’ in whom

executive power is vested. Notably, the Mayor is not recognized as a

‘municipal authority’ vested with executive power. We will look at

each of these authorities below.

Chapter – 6


70

Corporation

6.20. Section 7 of the KMC Act provides that the Corporation will consist of

not more than 100 elected councillors. Further, the State Government

may nominate 10 members to the Corporation. Members of the House

of the People and State Legislative Assembly representing a city

constituency and members of the Council of States and State Legislative

Council registered as electors within the city are also members of the

Corporation.

6.21. The expansion of the jurisdiction of the BBMP will require the new

Corporation to have more than 100 Wards, and therefore more than 100

Councillors. The Committee recommends that the increased number of

wards and Councillors may be provided for in a new BBMP legislation.

The number of nominees may be fixed at 10% of the total number of

elected members and it is recommended that the nominations be from

‘persons having special knowledge and experience in municipal

administration or matters relating to health, town planning or

education’ as is presently set out in Section 7 (b) (i). The provision to

nominate ‘social workers’ in Section 7 (b) (ii) should be deleted.

6.22. The Corporation has three functions in municipal government: First, it

is the most important political institution from which the executive

wing of municipal government draws democratic support and

legitimacy. Second, it is the premier deliberative and rule making body

at the municipal level and third, it scrutinises the functioning of the

executive and holds it accountable. The KMC Act vests municipal

government in the Corporation (Section 57) and sets out an elaborate

list of obligatory (Section 58) and discretionary powers (Section 59). The

Committee recommends that the Corporation Council must retain a

Chapter – 6


71

strong deliberative and scrutinising function but should no longer be

vested with the executive power of municipal government as these

should be vested with the Mayor. [The powers of the Mayor have been

discussed below]

6.23. Further, all members of the BBMP who are nominated as de jure

members should not be allowed to vote in the proceedings of the

Corporation. At present, in the KMC Act, the MPs and MLAs are

allowed to participate and vote in the Corporation. This right to vote

violates the requirements of Article 243W of the Constitution which

requires that a Municipality be ‘an institution of self government’. In

order to maintain the status of the Municipality as a self-governing

institution, it is critical to ensure that only Councillors vote on

decisions affecting the Corporation. Hence the Committee recommends

that the provisions of Section 9 of the KMC Act be suitably amended to

provide for the same.

Mayor

6.24. Section 10, KMC Act provides that the Mayor may be elected by the

Councillors from among themselves at the start of each year for a term

of one year. Moreover, under the Act, the Mayor is not a municipal

authority vested with executive power. A serious lacuna in the political

structure of the KMC Act is the indirectly elected Mayor with no

statutory mandate or political legitimacy to take independent and

critical decisions in municipal governance. Moreover, the present

arrangement makes the Mayor of Bangalore a ‘one year wonder’

intended only for ceremonial purposes. As he or she has no executive

power, it provides scope for the Mayor to act and interfere in the

administration of the Corporation without any responsibility.

Chapter – 6


72

6.25. In our consultations with various stakeholders, there was a strong

consensus that Bangalore needed a political authority that is directly

accountable to the citizens of the city and had the political and

administrative authority to act decisively in the city’s interests. A

directly elected Mayor vested with the necessary political and executive

power is the only means by which this aspiration can be fully met. Such

a system will bring significant new political initiative to the

metropolitan government and will bring forth serious political

candidates to contest for the Mayor’s position. As a directly elected

Mayor is proposed as the central element of reform in the structure of

BBMP, we have considered some critical institutional issues that need

careful attention in the implementation of this reform proposal.

6.26. First, a directly elected Mayor will share a different relationship with

the elected Corporation. At present, the model adopted in municipal

government is a modified Parliamentary form of government where the

Mayor is elected and supported by the majority of the Municipal

Corporation’s members. This parliamentary model is the basis for

government at the State and Union level in India. The proposed reform

to bring in a directly elected Mayor will be oriented towards a

Presidential form of government where the executive branch of

government has a direct political mandate from the people which is

independent of the mandate of the House. As we have less experience

with this model of government, the new BBMP legislation must provide

for measures by which political differences which may arise between

the Mayor and the Corporation may be reconciled without resulting in

gridlock. This may be achieved by giving the Mayor an override power

so that he may persist with a policy or executive programme which

does not have the support of the majority of the Councillors as well as a

Chapter – 6


73

veto power whereby he may negate proposals made by the Corporation

through their resolutions. However, we must be careful not to render

the Corporation irrelevant. This may be achieved by giving it the power

to scrutinize and delay a Mayor’s initiative so that deliberation and

public discussion becomes possible. The Corporation should also be

vested with the power to impeach the Mayor for grave impropriety – a

check which may be used as the last resort to ensure the Mayor’s

accountability.

6.27. Second, the experience of Indian states which have adopted the directly

elected Mayor system such as, Tamil Nadu, Andhra Pradesh, Madhya

Pradesh or Uttar Pradesh has been varied. Though there are different

reasons for the indifferent performance of directly elected Mayors in

different cities in India, there seem to be basic institutional design

failures in the directly elected mayoral system. Most significantly, the

Mayor has not been vested with the necessary political and executive

power in order to carry out his mandate. Often, the rise of powerful city

Mayors is politically threatening to the State Government and these

tensions have to be managed in order to make the Bangalore

experiment successful. We have to learn from the success of this model

in countries like the US or France and adapt the Presidential system of

government to the Indian legal framework at this level of government.

6.28. The Committee recommends that the BBMP should have a Mayor who

is directly elected by the people with a fixed term of 5 years. By

extending the term to 5 years, we will allow the Mayor to emerge as a

politically accountable leader at the local government level with a

democratic mandate comparable to other political leaders at other

levels of government. As with the head of the State and Union

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governments (Chief Minister and Prime Minister), there should be no

reservation to the post of Mayor.

6.29. Section 60, KMC Act gives the Mayor three major powers. First, to

preside over every meeting of the Corporation; second, the general

powers of inspection, and finally the power to give directions to the

Commissioner for the implementation of resolutions of the Corporation

or the Standing Committees. The present allocation of power reflects

the status of the Mayor as an indirectly elected leader. Our

recommendation for a directly elected Mayor would require that the

Mayor be vested with executive powers of Municipal Government.

Moreover, the Mayor must be allowed to override Corporation

resolutions and decisions to a great extent. This redefinition of the

Mayor’s executive power vis-à-vis the Commissioner on the one hand,

and the Corporation on the other, needs to be carried out with great

care to ensure a robust system of checks and balances.

6.30. Where the Mayor is directly elected, s/he will function as the Chief

Executive of the Corporation and will exercise the powers conferred on

him under the Act. However, a single individual will not be in a

position to discharge all the responsibilities of municipal government.

Hence, the Committee recommends the creation of a Mayoral

Committee consisting of not more than 8 (excluding the Mayor)

members. These members may be chosen by the Mayor from among the

councillors but need not be restricted to the elected members and could

include nominated members also. Members of this Committee will hold

office at the pleasure of the Mayor. They may be delegated Finance,

Projects, Social Services, Administration, Planning and other functions

by the Mayor. The Mayoral Committee must be recognized as an

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authority under the Act with requisite powers. Important decisions

taken by the Mayor would have to be ratified by the Committee. The

tenure of the members of the Mayor’s Committee shall be co-terminus

with that of the Mayor. The Commissioner will be the head of the

administration and exercise the powers conferred on him under the Act

in accordance with the directions of the Mayor and the Mayor’s

Committee. All the officers and employees of BBMP will be subordinate

to the Commissioner.

6.31. Under the KMC Act, the Mayor functions as the presiding officer of the

Corporation. A directly elected Mayor has to be divested of this

function in order to allow the Corporation to emerge as a serious check

on the Mayor’s exercise of power. Hence, the Committee recommends

that the Corporation elect a Chairman of the Council who will act as

the presiding officer of the Corporation. The term of the Chairman may

be co-terminus with that of the Corporation.

Standing Committees

6.32. Section 11, KMC Act provides that there shall be 8 Standing

Committees (Taxation and Finance; Public Health; Town Planning and

Improvement; Public Works; Accounts; Education and Social Justice;

Appeals; Horticulture and Marketing) comprising of 7 Councillors each.

The Standing Committees are given extensive powers as they may ‘deal

with all matters’ relating to their subject area as set out in Section 61-A,

KMC Act. The Commissioner is expected to act in accordance with the

decisions of the Standing Committee.

6.33. The Standing Committee system in Bangalore confusingly straddles

two aspects of municipal governance: as a municipal authority,

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authorizing executive action and as a deliberative authority, reviewing

local law and policy and functioning of government at the urban local

government level. Over the years, the councillors have tended to

directly influence executive decisions through the Standing Committee

system.

6.34. The Committee recommends that with a directly elected Mayor, the

role and number of Standing Committees need to be redefined. Standing

Committees must hereafter play the role similar to that of Legislative

House Committees as in other Legislatures; namely, to evaluate the

functioning of departments and provide policy guidance. In these

circumstances, there should be only three Standing Committees,

namely: a Municipal Accounts Committee to work on the lines of the

Public Accounts Committee. Such a Committee should have not more

than 7 members: 5 members of the Committee should be elected from

among the Councillors through the Single Transferable Vote system

and 2 persons having knowledge and experience in financial matters

may be nominated by the Mayor. The main purpose of this Committee

would be to examine and scrutinize the accounts of the Corporation

and to ensure that the money is spent for the designated purpose and in

accordance with proper authority. Further, a Social Justice Committee

and a Municipal Services Review Committee may be set up to oversee

the functioning of two critical executive functions of municipal

government.

Commissioner

6.35. The KMC Act provides that the Commissioner ‘shall be appointed by

the Government after consultation with the Mayor’ (Section 14). S/he

shall ordinarily hold office for a period of two years but the same is

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subject to the pleasure of the Government. The Act provides that the

Corporation may pass a resolution for the removal of the Commissioner

by not less than 2/3 majority. In the last two decades, the

Commissioners have been appointed solely at the discretion of the State

Government and have seldom held their office for a period of two

years.

6.36. The Committee recommends that the Commissioner should be as recast

appointed through the following process. A high powered Search

Committee set up by the State Government in consultation with the

Mayor may advertise for the position by specifying the skill sets

necessary for the job. The Mayor may appoint any one among the

members short listed by the Search Committee after due process. As it is

essential for new administrative mechanisms and management

practices to be infused into municipal government, there should be an

option to draw the Commissioner from the outside the government

cadres from which s/he is presently selected. Further, the Commissioner

should have a term of three years and should only be removed if he is

disqualified to hold public office or is convicted of an offence of moral

turpitude. This way, the Commissioner is endowed with sufficient

degree of independence while making him responsible to the Mayor.

6.37. Section 64, KMC Act provides that the executive power of the

Corporation shall vest in the Commissioner, who shall act in accordance

with the approval and sanction of the Corporation or the Standing

Committee as provided under the Act. This Committee recommends

that a reformed BBMP with a directly elected mayor would require

that the Commissioner’s role be redefined so that he becomes

responsible and accountable to the Mayor and the Corporation. The

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proposed new legislation for the BBMP should reflect this

appropriately, in addition to the statutory responsibilities of the

Commissioner..

6.38. The KMC Act should be amended to remove the Commissioner’s

power under section 72, KMC Act to refer resolutions of the

Corporation or its Standing Committees to the State Government, as

this power subordinates the Municipal Corporation to the State

Government. It is important to reiterate that the Commissioner is

directly accountable to the Mayor and the Corporation and not to the

State Government. The power of the State Government to direct the

Commissioner or the Corporation to provide records or take particular

actions (as currently existing in the KMC Act) does not appear to be

necessary and needs to be deleted. However, the State Government

should have the power to give directions or dissolve the Corporation in

the event of emergency, the same being clearly defined in the law.

Promoting Public Participation and Decentralizing Service Delivery

6.39. There are semi-formal and informal mechanisms to facilitate public

participation in municipal government. Bangalore has a number of

active and well-known NGOs which work in various areas of urban

infrastructure, urban governance, urban poor, heritage, and

environment. Leading academic institutions have initiated research,

teaching and training programmes in local government and public

administration. In the last decade, there have also been attempts at

developing public-private partnerships (PPPs) and neighbourhood

schemes to improve citizen/industry participation in urban affairs. The

mechanisms suggested to facilitate participation in Municipal

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government are the Zonal Committee, WC and the Area Sabha. These

are discussed below.

6.40. The formation of the BBMP may be perceived as a further centralization

of executive power over a large area. While this is true at the level of

policy making by the Corporation and the Mayor, the Committee is

convinced that an improvement in municipal services is only possible

by the decentralization of service delivery at several levels. The

Committee recommends that decentralization be carried out at the

Zonal and Ward Levels. At each of these which there should be a

political structure along with administrative and technical personnel

to facilitate appropriate decision making and implementation.

6.41. The Report of the Committee on Establishing Organizational Structures

and Staff Requirements in BBMP submitted in November 2006

envisages the creation of 5 new Zonal offices, and Range and Ward

Offices within each zone. Including the 3 existing Zonal Offices, there

are 8 Zonal Offices of the BBMP at present. However, these offices are

viewed as purely administrative offices staffed by the officers of the

Corporation. While there is no doubt a need for administrative capacity

to be built at these levels of the Corporation, it is critical that the scope

for citizen participation be enhanced and Councillors be made

responsible for the functioning of these offices.

6.42. The Committee recommends that a comprehensive activity mapping

exercise be carried out which can define the functions to be carried out

at each level of the BBMP, namely: Ward, Zone and Head Quarters. The

revised BBMP legislation should accommodate these activities and

give suitable functions to the Committees formed at each level.

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Zonal Committee

6.43. The Committee recommends that political authorities should be

created which complement the administrative structures created. The

BBMP area may be divided into 8-10 zones each comprising of about 20

Wards. A Zonal Committee which consists of the Councillors from each

ward in the Zone must supervise service delivery and project

implementation in the Zone and should be given the power to issue

directions to the Zonal Office of the BBMP. The Zonal Committee may

be given overall responsibility of collecting revenue; carrying out

infrastructure and social services which go beyond a single ward; and

streamlining and integrating ward level budgets into the zonal budget.

Ward Committee

6.44. The existing legislative mechanism for public participation is through

the Ward Committee (WC). In order to decentralize the functioning of

the ULBs, the 74th CAA mandated the setting up of WCs in cities with a

population of more than 3 lakhs. Article 243S provides that there shall

be WCs consisting of one or more wards. Section 13-A of the KMC Act

provides that the WC shall consist of the Councillors representing

Wards, 5 persons with knowledge and experience in municipal

administration nominated by the State Government and 2 NGO or CBO

nominated members.

6.45. The Karnataka Municipal Corporations (Ward Committee) Rules, 1997

set out the operating procedures for the WCs. These rules mandate the

WCs to meet at least once every month, the same being open to public

participation. Accordingly, the Government of Karnataka and BMP set

up 30 WCs in June 2003. Each committee comprises 3-4 wards with the

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Assistant Revenue Officers as conveners. The functions to be

discharged include:

a) Collection and removal of garbage;

b) Removal of accumulated water on streets, public places due to

rain and other causes;

c) Health immunization services;

d) Improvement of slums including its clearance wherever necessary

in accordance with the established law;

e) Redressal of public grievances pertaining to the WC;

f) Maintenance of essential statistics;

g) Organizing people’s participation with regard to the functions

allocated to the WC; and

h) Numbering of streets and premises.

In addition, the WCs are responsible for supervision and monitoring

the implementation of the decisions of the BBMP, in specified matters.

6.46. The Karnataka Municipal Corporations (Wards Committee) Rules, 1997

which provided for the formation of WCs were notified in 1998.

However, there was widespread opposition, to the formation of these

Committees from the elected councillors, directed at the equal voting

rights granted to nominated and elected members. As the BMP took no

further action to form these Committees, the State Government issued a

notification constituting such Committees and nominating members to

these Committees. Most of the members nominated to these

Committees were workers of the political party in power with little or

no experience in urban affairs. The secondary literature reviewing the

functioning of WCs in Bangalore concludes that this institution ‘did not

succeed in becoming a formal institutionalized mechanism for people’s

participation in planning, implementing and monitoring works.’

(K.Chamaraj 2006) Further, in our consultations, there were complaints

by civil society groups that nominations to the WCs made them non-

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representative, predominantly middle-class institutions which were

excessively politicized.

6.47. The Committee recognizes that the revitalization of the institution of

WCs is an essential task. The consolidation of the WC Office as the first

and basic level at which service delivery functions are integrated is a

primary objective to be achieved through legislative and institutional

reform.

6.48. The first step would be to constitute the WCs in an effective manner.

The Committee recommends that a WC should be constituted in every

ward by elections and through nominations by a wide range of stake

holders including educational institutions and neighbourhood

organizations. Under this system the WC may comprise the following:

a) Councillor of the ward who shall be the Chairperson

b) 5 elected members

c) 5 members nominated by community based organizations in the

ward and approved by the Commissioner and the Mayor

This model of representative democracy has the potential to revitalize

the WC through political representation, power and accountability. On

average, the WC would consist of 10 members with the Councillor as

Chairman. An official of appropriate level may be designated as

convenor. In the absence of the Chairman, one of the members may be

elected as the Chairman for the meeting. The WC must meet atleast

once a month. Activity mapping for the urban local government sector

would indicate the broad functions for this institution. Allowing WCs

to interact with local service delivery arms of the BBMP will allow such

Committees to have greater effect. The WC’s role in the implementation

and delivery of services will be enhanced by ensuring e-governance and

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tele-governance initiatives which allow the citizens to keep in close

communication with the WC.

6.49. The WC must focus on the integration of citizens into the processes of

local governance. All activities which may be carried out at the ward

level must be delegated to the ward. Functions which may be delegated

include Solid Waste Management, supervision of works and delivery of

social services, deviation in construction and land use, general

conditions of parks and playgrounds, stray dog control, locating

utilities, identification of beneficiaries for functions, street lights, street

drains, public toilets and prioritization of works. The WC should

institutionalize social audit of the third tier of government through a

regime of participation and disclosure.

Area Level

6.50. The mandatory reform under the JNNURM programme requires the

establishment of Area Sabhas. This is not provided for in the existing

municipal legislation. Clauses 3-10 of the Model Nagara Raj Bill

proposed by the Union Ministry of Urban Development set out a

framework for this institutional reform. The Model Bill provides that a

Ward must be divided by the State Government into smaller units

known as ‘Areas’. Area Sabha is defined as the body of the persons

registered in the electoral rolls of that Area. This popular assembly is

empowered to get information from officials regarding the services they

render and works proposed in the Area. Any registered voter from the

Area Sabha may get elected as the official representative of the Area.

6.51. The Committee considered the proposed Area Sabha under the Nagara

Raj Bill. In the public consultations, the Committee found little

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enthusiasm for this proposal as most participants took the view that the

creation of another layer of electoral politics to select the Area Sabha

representative below the WC had little chance of success. Moreover, it

may be difficult to effectively institutionalize a popular assembly such

as the Area Sabha in the urban context as it is difficult to mobilize

public participation at such a scale.

6.52. The Bhagidari model in New Delhi and the recent initiatives in the

Hubli-Dharwad municipal area with voluntary Citizen Civic Groups

interacting with the Corporation on a semi-formal basis may be models

worth emulating. This is a useful first step in creating a culture of

citizen participation. This tier of citizen–government interaction may

develop into an institutional framework which adequately serves the

functions envisaged for the Area Sabha.

Karnataka Municipal Tribunal

6.53. The Committee recommends the creation of an Appellate Tribunal, to

resolve municipal taxation and service disputes, by suitable

amendments to the KMC Act, KMA Act and by making suitable

provisions in the new BBMP Act. Presently, municipal employees are

not considered government servants and cannot approach the

Karnataka Administrative Tribunal and hence these disputes are

directed to the civil court system. The creation of an independent

tribunal system at the municipal level with the scope for further appeal

and judicial review to the High Court will help reduce pending

litigation and allow the municipal body to work more efficiently.

Moreover, the BBMP must deploy a range of non-court, alternative

dispute resolution mechanisms as a compulsory first step in the

resolution of all legal disputes.

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Karnataka Municipal Services Commission

6.54. The recruitment of qualified and suitable personnel to staff municipal

government in Karnataka is a critical aspect of municipal reform in the

State. Presently, 25% of the staff in key departments of the BBMP is on

deputation from State Government departments including the PWD

and Health Departments. In order to provide for the regular and timely

recruitment of competent personnel to the BBMP, the Committee

recommends the establishment of a Municipal Services Commission for

the State which will recruit municipal employees for all ULBs in the

State. Such a model currently operates in Kolkata.

6.55. The Municipal Services Commission (MSC) can operate on the lines of

the Public Sector Enterprises Recruitment Board and appoint personnel

on a contract basis. This Commission should engage with the tasks of

reform in personnel policy, recruitment and conditions of service, so

that Municipalities in Karnataka may draw fresh talent from a wide

pool within the private and public sectors.

C H A P T E R – 7

Restructuring Parastatals

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C H A P T E R - 7 Restructuring Parastatals

7.1. So far in this Report, we have set out the reform of metropolitan level and

city level governance institutions. In this Chapter, the Committee will

review the mandate, territorial jurisdiction and political accountability of

key parastatals which have a significant impact in the BMR.

7.2. In the last six decades, the State Government has created a number of

parastatal organizations to carry out specific aspects of infrastructure

development and service delivery. The range of parastatals which operate

in the BMR and the scale of their impact compel careful scrutiny of these

institutions. Further, parastatals have a sector specific mandate with

varying territorial jurisdictions. For example, the BDA and the BWSSB

have jurisdiction over the BMA while the Karnataka Industrial Areas

Development Board (KIADB) and Karnataka Housing Board have a state-

wide mandate. The Committee has identified several concerns that need

to be reckoned with.

7.3. The first, is the relationship between the parastatals and the local

government in the context of the 73rd and 74th Constitution Amendments.

The 74th CAA envisages ULBs to function as institutions of self

government at the local level, investing them with the functional mandate

to deliver local services. Parastatals are arms of the State Government

acting in sectors where responsibility has been conferred on the local

government. Moreover, they owe their allegiance to, and are made

accountable to, the State Government. While it may be argued that the

constitution does not confer exclusivity to the local government, in terms

of the functions allocated to it, there is nevertheless a dire need to redefine

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the scope of the functions, at least in common areas and sectors, and spell

out the accountability issues in clear unambiguous terms vis a vis the state

and local government.

7.4. Second, there exists confusion in the minds of the public on the nature and

scope of responsibilities of the parastatals and their relationship with the

ULB. Public appreciation and disaffection are targeted at the ‘government’

in general: but in actuality, it is the ULB which has to bear the brunt of the

local ire, and quite often, it is not in a position to act against a parastatal, as

this would tantamount to acting against the State Government.

7.5. Finally, there is a need to understand and rationalize the reality of multi-

level government in a large metropolitan region such as Bangalore. It is

often the case that central, state and local governments carry out activity in

the same sector – such as building roads, pubic transport systems and so

on. Therefore, it is critical for us to delineate the nature and structure of

inter-governmental relations in these sectors.

7.6. With the present accent on the decentralization of political and executive

power to the ULB, the Committee reviewed the mandates of the key

parastatal organizations to see how these mandates could be redefined in

a manner that provided for greater jurisdictional and functional clarity

and, more importantly, the manner in which they should be made

accountable to the democratic political institutions: namely, the BBMP,

and the MPC.

Bangalore Development Authority

7.7. The BDA is constituted under the BDA Act, 1976. This authority is

conferred with considerable powers including the power to acquire land,

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develop comprehensive schemes for housing and infrastructure and

enforce land use regulations. Presently, the BDA is conferred with the

powers under the KTCP Act to prepare and enforce the Master Plan in the

BMA. As a public developer, it is the biggest acquirer of land, in and

around Bangalore, for developing township schemes which have, by and

large, focussed upon sites and services. In the last decade or so, the BDA

has also focussed upon development of stand alone infrastructure projects

under its own or centrally sponsored schemes such as Mega City or

JNNURM.

7.8. The CUMB Report 1997 had examined the role and functioning of the

BDA in great detail and felt that for a variety of reasons which were

perhaps valid then, the organization had outlived its mandate and

therefore recommended that the ‘BDA should be wound up.’ This

conclusion mainly rested on the general principle of institutional design

that regulatory and development functions should not be vested in the

same authority. The CUMB Report also found many weaknesses with

respect to the developmental role of the BDA, given the emerging gaps in

trunk infrastructure in and around the city, insignificant focus on public

housing, especially for the urban poor etc;

7.9. This Committee reviewed the analysis and conclusions in the CUMB

Report and surveyed the developments in the last decade since the CUMB

made its recommendations. We find that the last decade confirms the

findings of the CUMB Report to the extent that investing the BDA with

twin responsibilities, as a land developer and as a regulator of land use,

has led to the neglect of its regulatory role. However, there has been a

significant turnaround in BDA’s financial position, with the increasing

land values; its role as a developer of infrastructure has attained greater

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credibility with several major infrastructure projects successfully brought

to closure such as Outer Ring Road, Fly overs, Underpasses etc. Given this

scenario, the Committee recommends that the role and responsibility of

the BDA needs to be redefined so as to give it a new mandate.

7.10. Earlier in this Report, the Committee has recommended that the power of

land use regulation should be conferred on city level government—BBMP

and other ULBs—and the metropolitan government—MPC/BMRDA. This

recommendation is motivated by the imperative need to confer land use

planning on an elected government, which the same being a constitutional

requirement reaffirmed by the JNNURM guidelines. Moreover, divesting

BDA of this power will lead to an organization with sharper focus and

greater role clarity.

7.11. The Committee therefore recommends that the scope of BDA’s

developmental functions should be enlarged to take on the role of a

metropolitan level infrastructure development agency and to this end,

Section 2C of the Act must be amended to give the BDA jurisdiction over

the entire Bangalore Metropolitan Region In its new role , the BDA may

take over the development projects recently initiated by the BMRDA and

may also design and develop township schemes, schemes for

development of trunk infrastructure in the Metropolitan area, and also

projects such as ring roads, arterial link roads, roads and flyovers to bring

about better dispersal of traffic within the core area of the city . BDA’s

current expertise in these projects will be well utilized by such an

emphasis on the development mandate.

7.12. The Committee also felt that BDA should give more focus on

implementing redevelopment schemes along with the city government

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(i.e. BBMP) to enable urban renewal in the inner city areas which are

afflicted with congestion and decay. This will enable better utilization of

land in the core areas. The sites and services model that BDA has adopted

over the last few decades has outlived its utility and in new extensions, the

aim should be to maximise utilisation of land with innovative

development schemes for providing affordable housing units to the lower

and middle income groups. PPPs in developing and implementing such

schemes should be encouraged to the maximum extent.

7.13. The Committee was also of the view that the re-oriented BDA, with its

focused developmental mandate and enlarged jurisdiction, may be

reconstituted as a Company under the Companies Act 1956. It is felt that

such a legal entity would not only have substantial administrative and

financial autonomy but also improved prospects to make commercial

borrowings and raise share capital from the market. The shares of the

company could be allocated proportionately to the ULBs in the BMA and

the State Government and in due course shares may even be offered to the

public. However, the major implication of such a change is that the BDA

would not operate under the existing statute, which has enabling

provisions for land acquisition. This may be construed as a disadvantage.

However, given that there are land acquisition enabling provisions in the

KIADB Act, the KHB Act and also the Land Acquisition Act and more

importantly, given the fact that the KIADB Act provides for acquisition by

agreement which is more flexible and consistent with current realities of

acquisition, compensation and rehabilitation measures, the restructured

company could take recourse to acquisition under these statutes. Besides,

given the increasing significance to taking up projects via the PPP route,

restructuring it as a company will facilitate formation of SPV’s etc. The

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Government may like to take a view on this after a detailed examination of

the pros and cons.

7.14. The Committee recommends that wherever ULBs develop plans and

projects to be funded by them, the BDA may execute projects on a

contractual and commercial basis or execute some projects on a preferred

agency basis as is presently the case with BWSSB. In all such cases,

operations and management functions must be handed over to the ULB

which commissioned the work. The BDA may utilise its own funds to

carry out other projects consistent with the MDP approved by the MPC.

BMRDA

7.15. The BMRDA is, like the BDA, a body constituted under Statute, but

without the power to acquire land. The BMRDA is given the power to

‘cause to develop’ projects in the BMR besides being a regulatory and

policy body. In the last few years, the BMRDA has begun to undertake

large scale projects including the International Airport Link Road, the

Peripheral Ring Road and Township projects around Bangalore city. This

redefinition of the BMRDA’s role calls for a review.

7.16. In the earlier chapters, we identified a general principle for institutional

design which is that a regulatory and policy body cannot be a project

development agency. BMRDA must revert to its original mandate of being

the Apex Planning Body for the BMR. Further, by enacting a new

Metropolitan Government legislation which provides for the BMRDA and

the MPC, the Committee reiterates its recommendation that the Planning

and Policy orientation of the BMRDA be emphasised. This legislation

must provide for the BMRDA to be the permanent secretariat to the MPC.

The BMRDA should develop a new model of staffing so that a significant

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proportion of its employees are experts drawn from outside the

government on a contractual basis in order to attract the best available

talent. This mode of drawing the best expertise from around the world

into metropolitan level governance will establish a new standard for the

country. Further, the Committee recommends that the BMRDA should be

given overall regulatory authority over land use. Suitable amendments to

Section 9 of the Act need to be made, so that BMRDA’s authority to

develop spatial plans overrides existing legislation like the KLR Act and

the KTCP Act.

Water Supply and Sewerage

7.17. The availability of sufficient potable water and its widespread distribution

is the most significant constraint on the development of the Bangalore

metropolitan region. The 12th Schedule to the Constitution provides that

‘water Supply for domestic, industrial and commercial purposes; Public

health, sanitation, conservancy and solid waste management’ are the

responsibility of the ULB. Further, the JNNURM reform programme

envisages that ‘States should ensure meaningful association and

engagement of ULBs in the planning function of parastatals as well as

delivery of services to the citizens’. The programme requires that over a

period of seven years, the States must transfer all special agencies that

deliver civic services in urban areas to ULBs and create accountability

platforms for all urban civic service providers in transition.

7.18. Currently, the provision of water supply and sewerage services is carried

out by BWSSB in the Bangalore Metropolitan area in accordance with the

Bangalore Water Supply & Sewerage Board Act (BWSSB Act)functions of

BWSSB include the investigation of sources of water supply and the

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development of water sources; projects to carry water to the city from the

identified sources; water treatment and water storage; transmission of

water to the distribution centres; distribution supply which includes meter

reading, billing and collection; and necessary customer service. The

Committee reviewed the performance of the BWSSB on all these functions

and examined several options by which BWSSB may be restructured.

7.19. CUMB Report, 1997 recommended that, as a part of the restructuring of

municipal administration and delivery of services, water supply and

sewerage should be made a wing of the ULB by abolishing the Statutory

Board and transferring existing BWSSB staff to the ULB. While the

Committee agrees that ensuring ULB responsibility for providing water

and sanitation services is essential to ensure political accountability for

this vital service, in the present circumstances, with the expansion of BMP

to BBMP (an expansion in area from 225 sq km to 740 sq km), it may not be

prudent to transfer the entire responsibility for water supply and sewerage

to BBMP at this stage, as underground drainage (UGD) infrastructure

development in the newly added areas, is yet to be completed.

7.20. Hence, the Committee recommends that a Special Purpose Vehicle (SPV)

be established under the joint ownership of BWSSB and which will

manage the retail distribution of water supply in the BBMP area while

maintaining BWSSB’s present mandate on water source augmentation,

sewerage and waste water management. At a later stage, sewerage (UGD)

operations and maintenance may also be handed over to the SPV. The

jurisdiction of BWSSB may be extended to the BMR replacing the

KUWSDB’s role for source augmentation for areas other than BBMP.

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7.21. This is a viable institutional arrangement as it brings the BWSSB and

BBMP into a common enterprise and builds on the present strengths of

both the organizations. Further, this will satisfy the 74th CAA by

establishing a citizen interface under the control of the ULB while

retaining the expertise developed by the BWSSB for further exploitation of

water resources and development of the transmission network.

Transport and Traffic

7.22. The XII Schedule to the Constitution does not include Urban Transport as

one of the subjects on which the ULB has power and control. However, we

are acutely aware that urban transport has become one among the most

critical issues which determine the quality of urban life. At present, urban

public transport in Bangalore is provided by the BMTC and in the near

future, will also be provided by the Bangalore Metro Rail Corporation

(BMRCL), both of which have been created by the State Government and

have no formal relationship with the BBMP.

7.23. The National Urban Transport Policy (NUTP) has recommended the

setting up of Unified Urban Transport Authorities (UMTA) in million plus

cities. These UMTAs are designed to incorporate two key institutional

features: first, the creation of an independent regulatory agency which can

plan urban transport and design urban transport policy and legislation.

Such an agency must have the power to enforce these decisions and

regulate the various actors providing transport in the region; second, its

inter-governmental character which envisages central, state and local

governments acting together to achieve common transport objectives. By

providing for an institutional arrangement where close co-ordination is

possible several existing problems may be overcome.

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7.24. The Government of Karnataka has recently created the Bangalore

Metropolitan Land Transport Authority (BMLTA) to act as an UMTA in

the Bangalore Metropolitan Region. The key functions of the BMLTA

include the co-ordination of all land transport matters in the BMR, the

preparation of a detailed Master Plan for Transport Infrastructure in the

BMR (as a sequel to recently prepared Comprehensive Traffic and

Transport Study for Bangalore) and overseeing the implementation of all

land transportation projects (except Railways).

7.25. The creation of the BMLTA by executive order is an essential first step to

the development of a comprehensive transport and traffic strategy for the

Bangalore metropolitan region. We recommend that the BMLTA be given

adequate statutory basis expeditiously. This will strengthen its ability to

develop a comprehensive and decisive response to what is undoubtedly

one of the most serious issues facing the Bangalore region today. Further,

we recommend that the BMLTA operate as a wing of the MPC/BMRDA

and actively adopt a participative approach towards transport planning

and project preparation. The organization must also take urgent steps to

augment its capacity by hiring services of transport planners, experts in

traffic engineering and other subject matter and communications

specialists. It is critical for this new institution to also undertake short

term measures that will alleviate the serious traffic problems confronting

the city today.

C H A P T E R – 8

Financial Issues

Chapter – 8

Financial Issues

96

C H A P T E R - 8 Financial Issues

8.1. Although the area of financial resources is not part of its Terms of

Reference, in view of its importance to planned metropolitan

development, the Committee considered it necessary to make some broad

recommendations on this aspect. Moreover, effective urban governance

involves decentralisation not only of responsibilities but also of resources.

8.2. Financing the needs of metropolitan Bangalore is determined by the

functions entrusted not only to the BBMP but also to other parastatal

organisations providing essential services; such as water supply, housing

and public transport. It would, therefore, be essential to make an

assessment of the requirements of all the agencies delivering public

services. Financing needs would include the cost of regular maintenance

and of new capital works. Wherever certain services are subsidized, the

cost of such subsidies should also be included. As execution of capital

works would necessitate borrowing from financial institutions / market,

the cost of debt servicing should also be taken into account.

Estimated Capital Investment Program in BBMP

8.3. The Committee took note of the assessment of capital expenditure of

various sectors made by CRISIL (advisor appointed by Government of

Karnataka to assess the investment outlays) in its report submitted to the

government. The report has also recommended certain fiscal measures to

enhance the financial resources of the BBMP.

8.4. CRISIL has estimated the agency wise investment requirement for

provision of basic infrastructure in the BBMP area, to be 27,825 crores, (at

constant cost) by the year 2012. The details are as follows:

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Investment Need by 2011-12

(Rs. Crores) Agency /Sector

Constant cost *Escalated cost

BBMP

1 Roads 1,238.2 1,627.7

2 Storm Water Drainage 1,126.9 1,477.7

3 Street Lighting 110.0 144.6

4 Solid Waste Management 522.5 676.7

5 Slum Upgradation 2,000.0 2,629.1

6 PPP Project by BBMP 3,235.2 4,058.8

7 PPP Project by PPP Developers 4,852.7 6,088.2

8 Others 2,242.7 2,947.8

9 Land Acquisition Cost-SWM 129.2 155.2

10 Land Acquisition Cost-Others 177.6 213.3

Sub total (BBMP) 15,635.0 20,019.1

BWSSB

1 Water Supply 5,986.0 8,088.6

2 Sewerage 2,203.4 2,941.3

Sub total (BWSSB) 8,189.4 11,029.9

BDA

1 Peripheral ring road 4,000.0 5,096.0

Total Investment 27,824.4 36,145.0 * Escalated cost includes physical contingencies and technical assistance at 10% of base cost and

6% price escalation during execution period.

8.5. The study also went into the investment sustaining capacity of BBMP and

BWSSB, assuming a certain level of potential of generating additional

resources by these bodies and financing under JNNURM. It was

concluded that against the total requirement of Rs.31,048 crore (by BMP

and BWSSB), the funding deficit of BBMP and BWSSB alone comes to

Rs.22,669 crore (Rs.12,412 crore and Rs.10,257 crore respectively) which

could be brought down to Rs.12,341 crore with revenue augmentation

measures and the assistance under JNNURM. In order to bridge this gap

in resources, the CRISIL report has suggested to take recourse to fund

transfers from the State Government, under different mechanisms.

8.6. The Committee is of the opinion that in estimating the total infrastructure

demand, the requirements of transport, environment and power sectors

should also be taken into account. The agencies concerned would be

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98

BMTC, BMRCL, BESCOM, KSPCB and KUWS&DB. Besides, traffic

infrastructure also needs modernization in the form of traffic signals,

modern equipment, junction improvements, underpasses, over bridges,

MIS etc. Further, with the enhanced jurisdiction for BWSSB, BDA etc.,

suggested in this report, the resource requirements in the BMR may be

quite considerable for development of infrastructure, thereby requiring,

multiple financing mechanisms.

8.7. Keeping in view the inter-sectoral character of metropolitan development,

the Committee recommends the preparation of a Metropolitan Budget

which reflects the capital expenditure of key infrastructure components

and the sources of funding. Such a Budget will be based on the plans and

budgets of the various agencies and the metropolitan development plan to

be prepared by the MPC. The Budget can be prepared by BMRDA,

approved by the MPC and placed on the floor of the State Legislative

Assembly.

8.8. Appraising the BBMP’s financial performance, the CRISIL study

concluded that BBMP is headed for a deficit scenario and currently, its

revenue account is in deficit. CRISIL has made a number of

recommendations to augment the resources of BBMP such as revision of

ARV / CV of property tax, improving collection efficiency, and other

resource mobilization measures which are within the purview of BBMP,

apart from suggesting revenue from sources at the state level such as

surcharge on stamp duty, surcharge on VAT etc.,

8.9. The CUMB Report which had examined the issue of resources in some

detail had observed that it was necessary that functional autonomy be

maintained and this could only be ensured by allocation of taxation

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provisions. Taking note of the impact of abolition of octroi which was an

important source of municipal revenue, it pointed out that entry tax,

intended to be a replacement for octroi, fell short of its being made a form

of local revenue. It, therefore, recommended that entry tax be declared

local revenue and while the Commissioner of Commercial Taxes (CCT)

could continue to collect the tax, the collection should be transferred to the

BMP directly every month. The Committee had also suggested that

entertainment tax and profession tax which were converted from being

municipal revenue to a shared tax should be restored to the local body.

8.10. This Committee is of the view that all the fiscal issues relating to the BBMP

including the ones raised above need detailed examination and should

rightly be dealt with by the Third State Finance Commission constituted

by the State Government in 2006. According to Article 243Y of the

Constitution, the SFC shall review the financial position of the

municipalities and recommend measures to improve the same including

the principles which should govern the distribution, between the state and

the municipalities, of the proceeds of taxes leviable by the state and the

determination of taxes to be assigned to municipalities. The Urban

Development department of the government should, therefore, present the

case of Bangalore before the SFC with a view to make the BBMP a fiscally

strong institution.

8.11. In the context of promoting good resource management, the Committee

would like to emphasize the following:

i. Improvement of tax administration: As the failure to assess all

properties has resulted in considerable loss of revenue, it is

necessary to carry out tax mapping, tax unauthorized properties,

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improve collection efficiency and review exemptions under

property tax.

ii. Improve asset management: Better management of municipal

properties such as markets and commercial complexes, leasing

out of properties etc.

iii. Expenditure control: Introduce accounting methods to estimate

costs, monitor costs of services, etc.

iv. Public Private Partnership: Identify areas for PPP and

outsourcing.

v. Operation and Maintenance: Make adequate provision in annual

budgets for operation and maintenance.

vi. Professional management and audit systems: Recruit chartered

accountants and other professionally qualified staff.

8.12. In respect of metropolitan level resource management:

i. BMRDA should submit, to the SFC, the resource requirements of

the metropolitan region with details of projects and viability gaps.

It should also periodically monitor the progress of the

implementation of the SFC’s recommendations.

ii. A Metropolitan Development Fund (MDF) should be constituted

with identified services and desirable uses for metropolitan level

tasks.

iii. BMRDA should also be responsible for preparing a capital

investment plan, co-terminus with the five year plans of the State

Government, which will be a compilation of various investments

needed for the metropolitan area indicating their priorities.

8.13. Finally the Committee recommends that the financial powers of BBMP

(i.e., power to incur expenditure on capital and revenue account) must be

reviewed comprehensively to provide for maximum autonomy with

respect to expenditure incurred from the BBMP’s own resources in

conformity with its approved Budget. The present requirement of referring

proposals to the State Government to incur expenditure above a certain

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threshold (Rs. 1 crore) as per provisions of KMC Rules, is cumbersome and

unnecessary, specially when other parastatals like BDA or BWSSB do not

appear to have any such restraints placed upon them. The proposed new

legislation on BBMP must provide for adequate financial autonomy in

line with ULBs of similar size / stature, across the country.

C H A P T E R – 9

Social Service Delivery

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C H A P T E R 9 SOCIAL SERVICE DELIVERY

9.1. Karnataka, with 34% of its population residing in urban areas, is currently

ranked as the fifth most urbanized Indian state. The State’s high urban

growth was caused, to a great extent, by migration and natural increase

rather than reclassification of settlements. The BMA, with less than 0.5% of

the state’s area, is home to nearly 10.5% of the state’s population. This

process of rapid urbanization has resulted in immense pressure on the

provision of adequate municipal services across towns and cities in the

State: including water supply, sanitation and social services. The inability

of ULBs to provide adequate basic services has affected the urban poor

disproportionately.

9.2. A cursory glance at the comparative poverty statistics reveals that while

the India Urban Poverty Ratio (IUPR) is 25.7% (2004-5), in Karnataka it is

32.5%. This suggests that urban areas in Karnataka have a significantly

high incidence of poverty. To overcome the same a holistic policy

framework and institutional reform is required. As Bangalore has up to

30% of the urban population in the state of Karnataka, the dimensions of

urban poverty (which may not be insignificant) require special attention of

the municipal government.

9.3. The first problem relates to the lack of adequate data on the phenomenon

of urban poverty in Bangalore. The lack of data sources on the nature,

extent, distribution and other characteristics of poverty in Bangalore is a

cause of serious concern. Unless there is reliable and abundant data on the

nature of urban poverty in Bangalore it is unlikely that adequate solutions

will be found. Hence, the Committee recommends that the MPC should

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commission a detailed social and economic survey of the BMR. The

formulation of a rigorous policy response to the problem of urban poverty

will be possible only after such data is available.

9.4. The Committee considered two facets of the response to urban poverty

namely, Urban Poverty Alleviation programmes and Municipal Service

Delivery in the Health, Education and Housing Sectors. Entry 11 of the 12th

Schedule read with Article 243W of the Constitution of India places the

primary responsibility for ‘urban poverty alleviation’ on the ULB. Further,

the 12th Schedule requires ULBs to: take up slum improvement and

upgradation; provide for public health; provide cultural and educational

facilities; safeguard the interests of weaker sections of society; and plan for

economic and social development of the city as a whole. Hence, there is no

doubt that with the 74th CAA the ULBs must refashion their institutions

and policies to undertake a considerable, poverty alleviation and social

justice agenda.

9.5. The Swarna Jayanthi Shahari Rozgar Yojana (SJSRY) is the flagship urban

poverty alleviation programme of the GoI, under a centrally sponsored

scheme, which brings together pre-existing programmes in this sector. The

SJSRY scheme rests on the foundation of community empowerment

through community organizations established and promoted under the

scheme. However, the coverage of the scheme is modest and unless these

schemes are scaled up rapidly, no significant impact on urban poverty is

likely in the near future. Apart from the SJRSY there appears to be no

other significant State sponsored scheme to tackle urban poverty (apart

from housing schemes). At the level of the ULB, there are dedicated

welfare schemes for the upliftment of SC/ST and other weaker sections but

the scope of these schemes may be limited when we assess the magnitude

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and scale of deprivation. Hence the need for a comprehensive intervention

addressing all aspects of urban poverty.

9.6. The JNNURM recognizes the critical role that ULBs have to play, in

poverty alleviation and social justice programmes, by instituting a detailed

Sub-mission to provide for Basic Services for the Urban Poor (BSUP). This

Sub-mission encourages the participating cities to submit funding

proposals built around any of the following:

i. Integrated development of slums, i.e., housing and

development of infrastructure projects in the slums in the

identified cities.

ii. Projects involving development/improvement/maintenance of

basic services to the urban poor.

iii. Slum improvement and rehabilitation projects.

iv. Projects on water supply/sewerage/drainage, community

toilets/baths, etc.

v. Houses at affordable costs for slum dwellers/urban

poor/EWS/LIG categories.

vi. Construction and improvements of drains/storm water drains.

vii. Environmental improvement of slums and solid waste

management.

viii. Street lighting.

ix. Civic amenities, like, community halls, child care centres, etc.

x. Operation and maintenance of assets created under this

component.

xi. Convergence of health, education and social security schemes

for the urban poor

9.7. JNNURM offers cities like Bangalore an opportunity to make substantive

progress in the provision of basic amenities to the urban poor. Under the

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BSUP programme for Bangalore, the following projects are being

implemented

Sl.

No. Project Agency

Cost

(Rs. crore)

1. Rehabilitations of Slums (2 Projects) KSCB 313.450

2. Redevelopment of Slums (3 Projects) BBMP 60.614

9.8. These initiatives need to be scaled up considerably, and expanded in

scope, to directly address concerns of livelihood and income security of

the urban poor. The Committee recommends that the MPC and BBMP

reorient their organizational focus and policy to undertake massive and

efficient poverty alleviation programmes, and streamline service delivery

in the fields of education, health and housing. The Committee further

recommends the development of an ‘Urban Indicators Database’ so that

the deficits in service delivery may be bridged by effectively targeted

programmes (periodical survey).

Education

9.9. Public educational institutions in the BMR are established and maintained

by the State Government as well as by the ULBs. Where they are

administered by the State Government, they come under the jurisdiction

of the Education department of the State Government and are under the

control of the ZPs and the Taluk Panchayats. The BBMP runs

approximately 132 Nursery, Primary, Secondary Schools and Junior

Colleges. These schools and colleges cater to about 21000 students,

primarily from the poor sections of the society. All students in BBMP

schools are being provided with midday meals, for which adequate

provision has been made in the Education budget of the BBMP.

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9.10. The Administrative Reforms Commission (ARC) reviewed the functioning

of the education system in the region and reached the following

conclusions. First, while government run schools all over the state suffer

from weak administration and poor academic performance, this problem

is more severe in the BMR. The performance of the children in state run

schools in the BBMP area especially at the SSLC level is the lowest in the

State; the success rate being an average of only 20-25%. The performance

of schools, administered by the State Government, in the BMR is better

than the schools run by the BBMP, but lower than those in other parts of

the State. Second, the ARC found that the activities performed by ZP,

Taluk and Gram Panchayats in the BMR should be transferred to the ULBs

(BBMP) as these bodies are not focusing on the administration and

management of urban schools. Thirdly, the ARC recommended that a

Board be established within the BBMP to administer and control the

functioning of schools. The services of personnel available within the

education department should be made available to the BBMP and funds

for the administration and maintenance of these schools should be

provided directly to the BBMP by the State Government.

9.11. The Committee reviewed the recommendations of the ARC. While there

maybe a perception that adding State Government run primary, secondary

and high schools would further extend the already strained education

administration of BBMP, the Committee is of the view that there is no

other institutional mechanism by which local accountability for

educational outcomes can be established. Hence, the Committee

recommends that the State Government and BBMP accept and implement

the recommendations made by the ARC cited above. The administration

of government schools in the BBMP area may be handed over to the

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BBMP, with State Government funding for the same. In the alternative, a

Special Education Authority, in which the BBMP has representation, may

be created for the management of all State and BBMP run schools. The

funds allocated for the capital and revenue costs of running these schools

must be transferred by the State Government to the Special Education

Authority. Further, the Committee recommends that the BBMP and

Special Education Authority explore a participative model of

administering schools so that parents and neighbourhood communities

emerge as key stakeholders in the administration of the municipal school

system in Bangalore, a model which is analogous to the School

Development and Monitoring Committees in operation in other parts of

the State. The existing arrangements may be continued with in the smaller

municipalities in the BMR.

Public Health

9.12. Entry 6 of the 12th Schedule of the Constitution read with Article 243W

lists public health as one of the functions delegated to ULBs. The

obligatory functions of Municipal Corporations listed in the KMC Act

include public health. The BBMP has to prioritize public health as one of

its prime mandates with rigorous assessments of the levels of public

satisfaction with the service rendered.

9.13. The BBMP has established a Health Department which undertakes the

following programmes: Solid Waste Management; Mosquito Control;

Prevention of Food Adulteration; Control of Epidemic diseases; Trade

Licenses; Maintenance of Public Conveniences; Vital Statistics; Maternity

Child Health (Immunization & Family Welfare); Revised National

Tuberculosis Control Programme (RNTCP); Treatment of Dog Bites; Pulse

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Polio Immunization; HIV AIDS programme; Family Health Awareness

Campaign; Cancer Screening Programme; Sanjeevini nutritious meal

programme.

9.14. The Committee did not evaluate various sectoral programmes carried out

by the BBMP within the ambit of public health. The Committee is aware of

the need to appraise the present approach to solid waste management,

which has become an area of serious and overarching concern, and the

BBMP must set up a separate wing to undertake this task. Moreover,

regular medical doctors should not be diverted from mainstream medical

duties and made responsible for solid waste management activities. The

BBMP must develop an integrated approach to waste management which

aims at waste reduction, improved disposal techniques and energy

generation so that the life cycle of waste is comprehensively responded to.

9.15. The Committee recommends the commission of a public health survey, by

the MPC and the BBMP, to establish baseline indicators on the status of

public health in the BMR. Secondly, the BBMP must evaluate the wide

scope of public health activities it presently undertakes and eliminate all

such activities which are better done by the State Government such as the

running of referral hospitals. Instead, the BBMP must focus on preventive

and promotive health strategies that have a significant public health

impact. In the last year, the public panic regarding the culling of rabid

dogs around the city and the sterilization programme highlight the nature

of health concerns which should command the attention of the BBMP. By

focussing its energy and resources on these aspects of public health and

overall sanitation, in a broader environmental context, the MPC and the

BBMP are more likely to meet public expectations in this area. The

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Committee also recommends capacity building in the BBMP in order to

execute this new mandate.

Housing

9.16. Affordable and adequate housing is among the most serious problems

faced by the urban poor in Bangalore. A comprehensive solution to this

problem requires that urban land markets be structured in such a way that

the needs of all sections of society are met through regulatory

mechanisms. The development permissions granted by the Planning

authorities discussed in Chapter 5 are critical to ensure the development of

such land markets.

9.17. The XII Schedule to the Constitution confers extensive power, and

imposes obligations, on the Municipality to upgrade and improve slums

and eliminate urban poverty. With rapid and unplanned urbanization

taking place in Bangalore, the problem of unauthorized squatters and

slums is increasing along with attendant problems of unhygienic living

conditions.

9.18. There are totally 542 slums in the BBMP area, out of which, 218 declared

slums are under the control of the KSCB. The total number of houses

planned to be constructed under the JNNURM programme for the 542

slums is around 2,17,000 which corresponds to a population of nearly 1

million. There is no institutional mechanism to coordinate the planning

and implementation between the KSCB and the BBMP. The division of

roles and responsibilities between these two institutions needs further

clarity and, perhaps, redefinition. The institutional mechanism within the

BBMP to deal with basic services to the urban poor is weak. The BBMP has

a welfare department that is not actively involved in slum redevelopment.

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After redevelopment by the KSCB the slums are handed over to the BBMP

for operation and maintenance. The Committee recommends that the

BBMP be given the responsibility and resources to carry out slum

redevelopment activities. Where the KSCB functions in the BMR, this

must be under the overall direction of the BBMP and the MPC.

9.19. The responsibility to provide adequate housing to different classes,

including weaker sections in the State, is distributed between the KHB and

the Rajiv Gandhi Rural Housing Corporation. The BDA operates in the

housing sector through its sites and services schemes. In order to develop

a comprehensive public housing policy which integrates, layout

development, land use regulations, housing for weaker sections and slum

improvement the Committee recommends that the BBMP be given overall

power and responsibility as provided under the XII Schedule. We further

recommend that the MPC formulate a comprehensive public housing

policy and an adequate institutional frame work to coordinate the

activities of these agencies. The BBMP should set up a dedicated

department headed by a Special Commissioner to deal with welfare

services, including housing for the urban poor.

9.20. As part of the provision of basic services, the BBMP should provide

temporary and night shelter for migrant, homeless and destitute persons,

including toilet facilities with water supply. The BBMP shall also plan and

implement, as part of the slum redevelopment, schemes in respect of

education and public health for urban poor.

The Role of Information and Communication

9.21. Geo-spatial information systems can add significant value to the planning

process. The Committee felt that it would be useful to create an

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“information infrastructure” unit in the BMRDA and the BBMP. Such a

unit could provide a “visual simulation” to illustrate various development

initiatives relating to subjects such as water conservation and pollution.

The Committee recognizes that there is a compelling need to ‘connect’

with people on an ongoing basis, especially to explain the complexity of

various issues relating to urban governance. Bill Gates rightly articulated

in a recent address that the “barrier to change is not too little caring; it is too

much complexity.” A key question that must engage us is how we educate

the public, especially the younger generation to develop the right

perspective in understanding the complexity of civic issues, as the city

grows.

9.22. Secondly, the Committee noted that “communications infrastructure” is

likely to complement “transport infrastructure” in a fundamental way over

the next decade, as “broadband” becomes widely prevalent. Municipal

Network Infrastructure (MUNI) is emerging as an important area of

communications, globally. The same will have implications for transport,

traffic management, mobile health delivery, police and law enforcement

authorities. The BMRDA and the BBMP will have to keep abreast of these

developments and make productive use of these new and emerging

technologies.

9.23. The Committee also recommends the widening and deepening of e-

governance models within the BBMP for better and more efficient service

delivery. Given the vast spread of the city, and, the numerous

departments entrusted with obligatory and developmental functions, the

BBMP would benefit by establishing a Citizens Service Portal. The same

would be enabled by solutions, consulting and services by experts in the

field of IT software and system implementation support providers,

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through a well knit joint partnership. The portal should be responsive and

interactive, addressing the needs of citizens, administrators, employees

and the corporate sector. Services should be available through an array of

interactive forms, secured payment gateways for online payments, online

registration, property tax assessment and payments, other billings and by

enabling e-tendering processes. The outcomes to be achieved through

such integration would be reduction in delivery time for a range of

services, provision of on-time anywhere services and whole range of ICT

enabled administrative reforms. The Committee is aware that the BBMP

has made multiple efforts in e-governance but a holistic framework,

having a meaningful and sustainable impact is still largely absent. The

recent efforts of the Municipal Corporation of Greater Mumbai and other

cities around the world should be studied and emulated.

9.24. Finally, the Committee would like to emphasise the importance of the city

government and other organizations engaged in service delivery

establishing an interface with the public with a view to communicating

their policies and programmes on the one hand, and obtaining a feedback

about their own performance, on the other. In the first place, they should

have a system of voluntary disclosure of the required information under

the provisions of the Right to Information Act. Matters relating to the

budget and other important plans and programmes must be placed in the

public domain. The disclosure policy of BMRCL in respect of important

decisions, milestones etc. of the Bangalore Metro Project has helped in

improving public awareness not only about the progress of the project but

also problems being encountered.

9.25. Secondly, the local government should become more responsive to

people’s basic needs and be more sensitive to public opinion. That is why

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we have strongly advocated the need to strengthen institutions at different

levels. The Committee is of the view that public interface should be

promoted through institutional mechanisms rather than ad hoc

arrangements which may be perceived as being non – representative or

exclusive in nature. The provision for nomination in bodies such as BBMP

and MPC affords an opportunity to induct experts into the system. This

blend of democracy and professionalism should help promote a

responsive administration.

C H A P T E R – 1 0

Road map for Legislation

Chapter – 10

Road Map for Legislation

114

C H A P T E R - 1 0 Road Map for Legislation

10.1. In this Report, the Committee has made several recommendations

regarding amendments to a number of legislations that are necessary to

enable more effective governance in the metropolitan region and the

BBMP. It is now considered necessary to summarize the focus of the

legislative changes so that they may be seen in a proper holistic manner.

Further, as the recommendations of the Committee are comprehensive

and interlinked, it is critical that these legislative changes are carried out in

tandem. In other words, a piece-meal approach to legislation may not

bring about the desired results.

10.2. The first set of changes relate to the formation of the MPC and re-

orientation of the BMRDA. The current legislative sanction for the MPC

lies in the KMC Act, 1976. The Committee recommends that the

legislative sanction for the creation of the MPC should be brought forth in

the BMRDA Act. We also recommend that the BMRDA Act be re-named

as “Bangalore Metropolitan Area Planning Act” (BMAP) and the

nomenclature “BMR” in the definition section be replaced by “Bangalore

Metropolitan Area”, (BMA) and defined as the area recommended by the

Committee for the same. As may be recalled, the Committee has, in

Chapter IV, Para 4.21, recommended that the BMA’s jurisdiction extend

to the entire area covering Bangalore Urban, Bangalore Rural and

Ramanagaram revenue districts (i.e.; the current area coming under

BMRDA).

10.3. The Committee would also recommend that in view of the extended

mandate proposed in this Report for the MPC, it should be designated as

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the Bangalore Metropolitan Area Planning Council (BMAPC)

(Metropolitan Council) and its creation, size, composition should be

spelled out in a separate chapter (on the lines proposed in chapter – 4) in

the proposed BMAP Act, replacing the sections dealing with the

composition and membership of the BMRDA.

10.4. The BMAP Act may provide for a separate executive arm of the BMAPC

to be called the Bangalore Metropolitan Planning Board (BMPB) which

will be headed by the Metropolitan Commissioner and will have

technical, administrative and financial divisions manned by suitable

personnel with requisite qualifications and experience. The BMPB will be

the Secretariat of the BMPC. It will also have branch offices in the BMA

for carrying out the enforcement functions.

10.5. The recommendations of the Committee with respect to the BDA call for

suitable amendments to the BDA Act, 1985 (after taking view on the

recommendation to restructure BDA as a company under the Companies

Act). Given the Committee’s recommendation to relieve the BDA of its

regulatory functions, it would be desirable to rename the Act the

Bangalore Metropolitan Development Authority Act (BMDA). Section 2

(c) of the BDA Act defining its jurisdiction as the Bangalore Metropolitan

Area should be amended in the BMAP Act to extend the jurisdiction of the

BMDA to the entire enlarged, revised metropolitan area. Provisions

relating to regulatory control (section 67 of BDA Act,) should to be

deleted and correspondingly introduced in a proper manner in the new

BMAP Act. Section 81-B of KTCP Act, must also be suitably modified or

deleted to empower the BMRDA / MPC with planning and regulatory

functions, in BMR, in lieu of BDA.

Chapter – 10


116

10.6. The third important set of legislative changes relate to the BBMP: The

Committee is clearly of the view that there should be a separate new

legislation for the BBMP (to be called the Greater Bangalore Municipal

Corporation Act) so as to remove it from the purview of the KMC Act.

While the new Act could be modelled on the relevant features of the

Karnataka Municipal Corporation (KMC) Act, it would need to

incorporate new provisions to give shape to the political and

administrative changes recommended by the Committee in Chapter VI of

this report.

10.7. Likewise, necessary changes would be required in the BWSSB Act in

accordance with the jurisdiction and responsibilities that have been

recommended in Chapter VII of the report. It could be renamed as the

Bangalore Metropolitan Water and Sewerage Board (BMWSB).

10.8. Finally, required amendments (spelt out earlier in the report) should be

brought about in the KTCPAct as well as the KLR Act to accommodate for

the revised planning responsibilities, to the BBMP, ULBs and the MPC.

10.9. In view of the substantive and simultaneous legislative changes involved,

the Committee would recommend drafting of the amendments in a

consistent manner so that it can be taken forward for approval, by the

Legislature, combined. As the objectives of the proposed amendments

have been clearly laid down in the present report, the drafting of necessary

amendments could be done in a period of three months, by entrusting the

task to a suitable agency.

A N N E X U R E - I

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117

Proceedings Of The Government Of Karnataka

Sub.: Constitution of an Expert Committee for planned development of

Bruhat Bangalore Mahanagara Palike

PREAMBLE:

Bangalore has registered impressive economic and demographic

growth particularly during the last two decades and has emerged as a leading

metropolitan city of India. It has been hailed not only as the I.T. Capital of

the Country, but also as a global technological hub. It houses many centers of

excellence in Science, Engineering, Medicine, Law and Management.

Bangalore is also a major industrial center producing high quality electronic

components, auto components, machine tools, garments etc. In recent years,

Bangalore has also emerged as a center for specialized health care and high

end research and design.

With the accelerated pace of urbanization, Bangalore has been

experiencing constraints with respect to adequacy of infrastructure facilities

as well as delivery of urban services which could seriously impinge upon its

future growth and development. With the proposal to create the Greater

Bangalore Municipal Body initiated under G. O. No. UDD 92 MNY 06 dated

02.11.2006, it has become necessary to design and develop a seamless,

effective and well coordinated management structure not only for the

proposed Greater Bangalore Municipal Body but also for the entire Bangalore

Metropolitan Region (BMR). The existing development and regulatory

institutions need to be reviewed and restructured so as to define their

relationship more meaningfully with reference to the Urban Local Bodies

within BMR. There is also a need to consider a new framework for

governance that would be faithful to the tenets of the 74th Constitution

Amendment. Given the primacy of Bangalore in the economic development

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118

of Karnataka and rapid urbanization expected in the coming years in the peri

urban areas constituting the metropolitan region, Government are of the view

that a new comprehensive legislation is essential that would deal with the

development and regulation of the Bangalore Metropolitan Region. These

issues and concerns need to be deliberated by a committee of experts who

may submit recommendations to Government. Hence the following order:

ORDER No. UDD 86 MLR 2006 (4)

BANGALORE, Dated 02.11.2006

1.46 For the reasons and purpose cited in the preamble, Government are

pleased to constitute an Expert Committee with the following members:

Members:

1) Dr. K.Kasturirangan, M.P.,

# 202/2, 19th Cross, 6th Main,

Malleshwaram,

Bangalore – 560 055 …. Chairman

2) Dr. A. Ravindra,

Former Chief Secretary,

Government of Karnataka,

Deputy Chairman,

State Planning Board,

M. S. Buildings, Bangalore …. Member

3) Dr. Samuel Paul,

Public Affairs Centre,

# 422, 80 feet Road, IV Block,

Koramangala, Bangalore – 560 055 …. Member

4) Dr. S. Sadagopan,

International Institute of

Information Technology Bangalore (IIITB)

26/c, Opp. Infosys I Gate,

Electronic City, Hosur Road, Bangalore …. Member

5) Sri K.C.Sivaramakrishnan, IAS (Retd.),

24, Aradhana Enclave,

Sec – XIII, R. K. Puram,

New Delhi – 66 …. Member

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1.47 The broad terms of reference of the Expert Committee are as follows:

a. To review the administrative structures and legal framework

currently operative within the BMR. This will involve an appraisal

of the role and functional responsibilities of Urban Local Bodies and

parastatals in the BMR.

b. The reoriented / reorganization of the institutional framework and, if

necessary, recommend alternative models for effective governance

having regard to the tenets of the 74th Constitutional Amendment

Bill.

c. With reference to the proposed creation of Greater Bangalore

Municipal Body the Committee shall examine and suggest measures

necessary to ensure effective governance within the newly expanded

Local Body.

d. The Committee may refer to the recommendations of the Committee

on Urban Management of Bangalore (1997) and suggest those which

can be adopted with or without modifications.

e. To make recommendations regarding the structure of the new legal

framework for governance in the Bangalore Metropolitan Region

which would cover all ULBs as also other organizations such as BDA,

BMRDA, BWSSB etc. and spell out the coordination mechanisms and

accountability of such bodies to the Urban Local Bodies in the BMR.

1.48 The Committee shall interact with the following Secretaries /

Secretariat as also heads of departments / institutions / Local Bodies

during the course of their deliberations:

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a. Principal Secretary to Government, Finance Department

b. Principal Secretary to Government, RD & PR Department

c. Principal Secretary to Government, Transport Department

d. Principal Secretary to Government, Home Department

e. Principal Secretary to Government, Revenue Department

f. Principal Secretary to Government, Housing Department

g. Secretary to Government, Law Department

h. Secretary to Government, Urban Development Department (M&U)

i. Commissioner, Bangalore Mahanagara Palike,

j. Metropolitan Commissioner, BMRDA

k. Chairman / Commissioner, BDA

l. Chairman, BWSSB

m. Managing Director, KUIDFC

n. Director of Municipal Administration

1.49 The Committee may also interact with such stakeholders, who they

consider desirable and relevant in the interest of fulfilling the aforesaid

mandate.

1.50 The Principal Secretary, Urban Development Department, will be the

Convener of the Committee.

1.51 Karnataka Urban Infrastructure Development & Finance Corporation

(KUIDFC) will provide requisite secretariat assistance to the Committee.

1.52 The Expert Committee shall submit its recommendations within a

period of 8 weeks.

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1.53 Separate instructions will issue regarding TA, sitting fees in

accordance with relevant rules.

By Order and in the name of

Governor of Karnataka

Sd/-

(B. G. Wali),

Under Secretary to Government,

Urban Development Department

To,

The Compiler, Karnataka Gazette for publication.

Copies

1) The Principal Secretary to Chief Minister Government of Karnataka

2) The PS to the Chief Secretary to Government of Karnataka

3) The PS to Hon’ble Chief Minister, Government of Karnataka

4) The PS to Hon’ble Deputy Chief Minister and Finance Minister,

Government of Karnataka

5) To all the above members

6) The PS to Principal Secretary to Government, Urban Development

Department

7) The PS to Secretary to Government, Urban Development Department

8) PA to DS-1 and DS-II, Urban Development Department

9) SGF / Spare Copies

/ Copy /

A N N E X U R E - I I

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EVOLUTION OF BANGALORE

1) Bangalore, the Capital of Karnataka, is the fifth largest metropolitan city in

the country. Till January 2007, the Bangalore Mahanagara Palike (BMP)

had an area of 226 sq. km. Adjoining it were seven City Municipal

Councils (CMCs) and one Town Municipal Council (TMC) covering an

area of about 300 sq.km. These 8 ULB’s as well as around 110 surrounding

villages were merged into the Bruhat Bangalore Mahanagara Palike in

January 2007.

2) Bangalore is situated in the southeast of Karnataka, at an average

elevation of 920m above mean sea level. The topography of Bangalore is

flat except for a ridge in the middle. The highest point in Bangalore is

Doddabettahalli, which is 962 msl on this ridge. There are no major rivers

flowing through the City. The river Arkavathi, a tributary of the Kaveri,

passes near Nandi Hills, 60 km north of Bangalore, while the river Kaveri

has its nearest approach near Srirangapatnam, 110 kms southwest of

Bangalore. Bangalore has a number of freshwater lakes and water tanks,

such as Madivala Tank, Hebbal Lake, Ulsoor Lake, Sankey Tank etc.

3) Due to its elevation, Bangalore enjoys a pleasant climate throughout the

year, with temperatures ranging between 33°C and 16°C. Bangalore

receives adequate rainfall of about 860 mm from the Northeast and

Southwest Monsoons. The wettest months are August, September and

October.

4) Bangalore experienced rapid growth in the decade 1941-51, and by 1961 it

became the sixth largest city of the country. The population of Bangalore

was 56.86 lakh as per 2001 census. As per the latest Master Plan (2015) of

the BDA, the estimated population of the metropolitan area is 61.70 lakh.

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The rapid evolution of Bangalore from a town to a metropolis has been

mainly a result of the following:

♦ Shifting of the State Capital from Mysore;

♦ Establishment of the Cantonment;

♦ Setting up Public Sector Undertakings/Academic Institutions;

♦ Development of Textile Industry; and

♦ Development of Information Technology/ITES/Biotech based

industries.

5) In the decade 1991-2001, the growth rate of urban population in Karnataka

was 28.85%, as against the aggregate population growth rate of 17.25%.

Bangalore grew at a much faster rate, and the population of Bangalore

increased from 41.30 lakh to 56.86 lakh during this decade representing a

decadal increase of 37.7%, which made Bangalore the second fastest

growing city, after New Delhi (51.93%). About one third of the population

increase in the Bangalore region is on account of the new areas added to

the Bangalore urban agglomeration. Adjusting this factor, the net increase

in population during 1991-2001 was approximately 22%. As per the 2001

census, the literacy rate is 86% and the sex ratio 906.

Contribution to Karnataka’s Economy

6) The city of Bangalore is a key contributor to the economic growth of the

State. Its contributions are substantial and its potential even greater. The

city has a large pool IT Professionals, which forms 1/3rd of the total IT

resource base of the country. According to the UNDP Survey Report 2004,

Bangalore is acknowledged as a global IT hub, along with Silicon Valley,

Boston and London. Salient features of Bangalore’s economy are

summarized below:

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♦ While the area of metropolitan Bangalore is less than 0.5% of the area

of the State, it contributes 75% of the corporate tax collection, 80% of

sales tax collection, and 90% of luxury tax collection in the State.

♦ More than 11% of the FDI in the country comes to Bangalore, which

ranks only next to Delhi and Mumbai as an investment destination.

♦ In 2006-07, more than 187 IT and 56 Biotechnology companies setup

establishments in Bangalore.

♦ The city has seen a five-fold growth of state tax revenues during the

period 1990-2003, which is unparalleled in the country.

Industrial Scenario

7) Bangalore is the headquarters to several large public sector industries

such as the Hindustan Aeronautics Limited (HAL), National Aerospace

Laboratories (NAL), Bharat Heavy Electricals Limited (BHEL), Bharat

Electronics Ltd. (BEL), Bharat Earth Movers Limited (BEML), Indian

Telephone Industries (ITI), Hindustan Machine Tools (HMT) etc. In June

1972, the Indian Space Research Organization (ISRO) was established

under the Department of Space and headquartered in the City.

8) Bangalore is called the “Silicon Valley” of India because of the large

number of Information Technology companies located in and around the

city. Infosys and Wipro, India’s 2nd and 3rd largest IT companies are

headquartered in Bangalore. There are around 1908 IT companies in

Bangalore contributing approximately US $ 12.2 Billion, (Rs.54,000 Crore)

towards India’s exports (2006 – 07).

9) Bangalore is also India’s largest hub of Biotechnology companies with

around 207 companies located in the city which forms more than half of

the number of Biotech companies in the country. Biocon, the nation’s

leading Biotechnology company is also headquartered in Bangalore.

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Biotechnology companies contribute US $215 million (2006-07) to India’s

exports.

Infrastructure Status

10) The rapid growth of Bangalore has placed a great strain on the civic and

infrastructure services of the city which was not planned to cope with

such exponential growth. The infrastructure status is profiled as follows:

♦ Water supply: The availability of raw water at about 140 lpcd is

adequate, though the draw distances are increasing progressively.

UFW is high, and distribution is uneven – being better in the BMP

areas and poor in the peripheral areas.

♦ Storm water Drainage: Drainage is an area of concern, with the natural

drainage system (Valleys) being built upon in the city

♦ Transport: Rising traffic congestion is one of the key issues in the City.

Though the length of roads available is good, the problem lies with the

restricted widths. BMTC is perhaps the best bus transport corporation

in the country, but the absence of a mass rapid transport system is

being felt as the population and economic activities grows. The

BMRCL will have the 1st phase of the Bangalore Metro ready by 2011.

♦ SWM: Collection and transportation coverage is quite adequate but

proper treatment/ disposal facilities are lacking.

♦ Green Areas & Water bodies: The City has a tradition of being a

“Garden City” with plenty of green spaces and water bodies. However,

the high growth rate of the past two decades is having an adverse

impact on the quality of these spaces.

Governance Structure and Governance Institutions in Bangalore

11) While many urban and rural local bodies have been recently merged to

form the Bruhat Bangalore Mahanagara Palike, an ordinary citizen still

needs to interact with a number of statutory bodies / agencies, apart from

the BBMP for various needs such as electricity, water etc.

12) The following paras outline the significant jurisdictional boundaries and

identify the authorities who are responsible for various functions within

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these boundaries such as planning, infrastructure development and

services, in the Bangalore region. This overview is vital to understand the

structure and interplay of institutional mechanisms as also their

complexities and weaknesses.

13) The Bangalore Metropolitan Region is land mass of approximately 8000

sq. kms. comprising 3 revenue districts (Bangalore Urban, Bangalore Rural

and Ramanagaram). The region has 9 LPAs including the BMA, 11 ULBs

and 329 rural local bodies (see maps 1, 2 and 3).

14) We will now briefly describe the legal and governance arrangements in all

the key institutions responsible for development and regulation of

Bangalore.

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The Bangalore Metropolitan Region (BMR)

15) The BMR is made up of the area coming under Bangalore Urban,

Bangalore Rural and Ramanagaram Districts extending to around 8022 sq.

kms. The BMRDA is the nodal agency which oversees the implementation

of the Structure Plan of this area. Prior to the creation of BBMP and

Ramanagaram District, there were 19 ULBs (including BMP) and 338

Gram Panchyats in the BMR apart from 12 Taluk Panchyats and 2 Zilla

Panchyats. After the formation of BBMP, the number of ULBs got reduced

to 11 and the number of Grama Panchayts also got reduced. The

formation of Ramanagaram district increased the number of Zilla

Panchayats into 3. The key statute administered by BMRDA is the

BMRDA Act, 1985. [A ready reckoner on the structure and functions of

BMRDA may be seen in Table 1].

The Bangalore Metropolitan Area (BMA)

16) The BMA covers an extent of 1307 sq.km, occupying most of the area of

Bangalore Urban District. The planning and development functions are

overseen by the Bangalore Development Authority (BDA) over this area

and key Acts administered by BDA are the BDA Act, 1976 and Karnataka

Town and Country Planning Act, 1961 (KTCP Act). [A ready reckoner on

the structure and functions of BMA may be seen in Table 2].

17) Within the BMA, the largest ULB is the BBMP whose current jurisdiction

extends to about 800 Sq. kms. All functions of the municipal corporations

under KMC Act, 1964 are administered by BBMP. [A ready reckoner on

BBMP may be seen at Table 4].

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18) As stated earlier, the BMR comprises three revenue districts (Bangalore

Urban, Bangalore Rural and Ramanagaram), 12 Tahsils, and 3 Revenue

subdivisions. While these entities are responsible for administering a

number of Acts, the main Act regulating the use of agricultural lands is

the Karnataka Land Revenue Act administered by the Revenue

department.

Water Supply

19) The Bangalore Water Supply and Sewerage Board (BWSSB) was set up

under the BWSSB Act, 1964 and its jurisdiction extends to the Bangalore

Metropolitan Area. The water supply and sewerage services are being

provided to the city of Bangalore and such areas outside of the city that

are being developed by BDA. Very recently, under the GBWASP, a water

supply distribution network is being established through BWSSB in the

city area covered by the erstwhile 7 CMCs / 1 TMC around Bangalore

(now a part of BBMP). Under KMRP, a World Bank assisted project, UGD

is being provided to the same area by BWSSB. In the remaining ULBs in

the BMR, the main agency for water supply distribution is the KUWS &

DB. [A ready reckoner on the structure and functions of BWSSB may be

seen in Table 3].

Transport

20) The Bangalore Metropolitan Transport Corporation (BMTC) is the major

organization providing urban road transport solution in the Bangalore

City and surrounding areas, while KSRTC provide key inter city service in

the BMR [Highlights of the activities of BMTC may be seen in Table 6.

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Police

21) There are 8 police districts in the BMR administering the Karnataka Police

Act and other statutes. For Bangalore city, there is a Commissionerate

headed by the Commissioner of Police having 6 police districts headed by

Deputy Commissioner of Police. Further there are two police district one

each for Bangalore Rural and Ramanagaram districts.

Electricity

22) Entire electricity infrastructure and services in BMR including BBMP and

all the ULBs is provided by the Bangalore Electricity Supply Company

(BESCOM).

Industrial Development

23) The Karnataka Industrial Area Development Board (KIADB) is the

statutory body created by the Karnataka Industrial Areas Development

Act 1966, empowered to acquire land for industrial and infrastructural

uses and entrusted with the task of development of industrial areas. The

Board has developed 23 industrial areas spread over 18,292 acres in the

BMR region so far. Important industrial areas developed by KIADB in the

BMR region include Peenya (1485 acres), Bommasandra (2131 acres),

Electronic City (341 acres), Export Promotion Industrial Park (540 acres),

Jigani (649 acres), Bidadi (1192 acres), Hosakote (402 acres), Dobbspet (339

acres), Kumbalgud (218 acres), Doddaballapur (528 acres), etc. Large

industrial areas of over 13,056 acres are currently under development at

Harohalli, Dobbspet, Sarjapura, Bagalur, Ganapathihalli, Kaggalahalli and

other locations in the BMR region..

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24) With a view to facilitate provision of proper municipal services in the

industrial zones / areas, amendments to Karnataka Municipalities Act

1964 was effected by inserting Section 364, providing for formation of

“Industrial Townships”. However, actual delineation and formation of

industrial townships have not taken place so far

District & Metropolitan Planning Committees

25) The 74th Amendment to the Constitution provides for constitution of

District and Metropolitan Planning Committees (Article 243 ZD and 243

ZE ). District Planning Committees have already been created in the State

under Section 310 (A) of Karnataka Panchayat Raj Act, 1993. Since

Bangalore has a population of over 10 lakhs as per 2001 census, it is

required to have a Metropolitan Planning Committee. The Metropolitan

Committee, however, is yet to be constituted.

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T A B L E - 1

Bangalore Metropolitan Region Development Authority [BMRDA]

1.1 Introduction: BMRDA is a statutory body constituted under the provisions of the

Bangalore Metropolitan Region Development Authority Act, 1985

and entrusted with the tasks of planning, co-ordinating and

supervising the proper and orderly development of the Bangalore

Metropolitan Region [BMR] and to provide for matters connected

therewith.

1.2 Objective Planning, co-ordinating and supervising the proper and orderly

development of the area within the Bangalore Metropolitan Region

and take up developmental schemes.

1.3 Jurisdiction BMRDA has jurisdiction over the Bangalore Metropolitan Region,

which includes the whole of the Bangalore Urban District and the

Bangalore Rural District, measuring in all about 8,022 sq. kms. with

the population of 8.42 million (2001 census).

1.4 Local Planning

Areas

The following are the Local Planning Authorities (LPAs) coming

under the Bangalore Metropolitan Region.

• Bangalore Development Authority (BDA) – 1307 Sq.Kms viz;

Bangalore Metropolitan Area – (BMA)

• Bangalore International Airport Area Planning Authority

(BIAAPA) – 985 Sq.km

• Nelamangala Planning Authority – 735 Sq.Kms

• Magadi Planning Authority – 501.52 Sq.Kms

• Kanakapura Planning Authority – 412 Sq.Kms

• Ramanagaram – Channapatna Urban Development Authority –

63 Sq.Kms

• Bangalore – Mysore Infrastructure Corridor Area Planning

Authority (within BMR) – 311 Sq.Kms

• Anekal Planning Authority – 403 Sq.Kms

• Hoskote Planning Authority – 535 Sq.Kms

1.5 Organisation Authority:- The Chief Minister of Karnataka is the Chairman of the

Authority. The Minister in-charge of Urban Development is the

Vice-Chairman and Secretaries to the State Government and

Heads of several related departments / organizations are

members of the Authority. The Act also provides for nomination

by the Government of individuals representing labour, women,

scheduled castes / tribes, members of State Legislature and

representatives of the Local Authorities in the Region. The

Metropolitan Commissioner is the Member Secretary of the

authority.

Executive Committee:- Minister in-charge of Urban Development is

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Chairman and the Metropolitan Commissioner as Vice-

Chairman. The Mayor of Bangalore and certain Secretaries to

government and Heads of Departments are members of the EC.

The management of the affairs of the Authority is vested with the

Executive Committee.

1.6 Powers &

Functions

To carry out a survey of the Bangalore Metropolitan Region and prepare

reports on the surveys so carried out.

Functions (Section-9):

• To prepare a “Structure Plan” for the development of the

Bangalore Metropolitan Region.

• To cause to be carried out such works as are contemplated in the

“Structure Plan”.

• To formulate as many “Schemes” as are necessary for

implementing the Structure Plan of the Bangalore

Metropolitan Region.

• To secure and co-ordinate execution of the town planning scheme

and the development of the Bangalore Metropolitan Region in

accordance with the said schemes.

• To raise finances for any project or scheme for the development

of the Bangalore Metropolitan Region and to extend assistance

to the local authorities in the region for the execution of such

project or scheme.

• To do such other acts and things as may be entrusted by the

Government or as may be necessary for, or incidental or

conducive to any matters which are necessary for furtherance of

the objects for which the Authority is constituted.

• To entrust to any local authority the work of execution of any

development plan or town planning scheme.

• To co-ordinate the activities of the Bangalore Development

authority, the Corporation of the City of Bangalore, the Bangalore

Water Supply and Sewerage Board, the Karnataka Slum

Clearance Board, the Karnataka Power Transmission Corporation

Limited the Karnataka Industrial Areas Development Board, the

Karnataka State Road Transport Corporation and such other

bodies as are connected with developmental activities in the

Bangalore Metropolitan Region.

Regulation of developments (Section 10):- No development can be

taken up in the BMR region, without the prior approval of the

Authority.

Directions by the Authority (Section- 18) :- In connection with any

developmental schemes taken up by the Authority or any town

planning scheme, the Authority is empowered to issue directions

to BDA, BWSSB, KPTCL / BESCOM and such other bodies.

Section- 81-C of the KTCP Act 1961:- The Authority is empowered to

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exercise the powers and discharge the functions of Director of

Town Planning, within the jurisdiction of BMR.

1.7 Structure Plan The BMRDA has prepared a “Structure Plan” based on the availability

of natural resources, future prospects, infrastructure and the trend of

urbanization in the region. As per the “Structure Plan”, the areas

suitable for urbanization have been categorized as Area Planning

Zones (APZ). Areas where agriculture is a predominant occupation

and / or forestry is abundant, conservation has been stressed and such

areas have been classified as Interstitial Zones (IZs). The Structural

Plan is placed on the website – www.bmrda.kar.nic.in

1.8 Approval of

Layouts

The BDA and the other LPAs accord approval to the layouts in their

respective LPA jurisdiction. For the areas where the Planning

Authorities are not constituted, the BMRDA performs this function

1.9 Finance The main source of funds of the BMRDA are as follows:

i) Grant-in-aid and other subventions received from the State

Government to meet administration expenditure etc.

ii) Internal resources of the Authority such as receipts arising from

the sale of application forms and regulations and fees collected

for the approval of layout plans in BMR region.

iii) Loans raised with prior approval of the Government.

1.10 Major Projects

taken up

1) Satellite Town Ring Road – STRR (204 kms) connecting major

taluk head-quarters.

2) Intermediate Ring Road – IRR (175 kms) connecting major

growth centres.

3) Five new Integrated Townships at Bidadi, Ramanagaram,

Sathanur, Solur and Nandagudi . (Radial Roads (RR) 185 kms)

4) Preparation of “Interim Master Plan [IMP]” for five local

planning areas of Anekal Hosakote, Kanakapura, Magadi &

Nelamangala, submitted to Government for approval (final) after

hearing public objection.

5) Preparation of “Base Maps” of five existing towns of Anekal,

Hosakote, Kanakapura, Magadi & Nelamangala, completed.

6) Dedicated Road Expressway from the Outer Ring Road (ORR) of

the city to the New International Airport at Devanahalli.

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T A B L E - 2

Bangalore Development Authority [BDA]

1.1 Introduction: BDA is a statutory body constituted under the provisions of the

Bangalore Development Authority Act, 1976 and entrusted with the

tasks of planning, co-ordinating and supervising the proper and

orderly development of the Bangalore Metropolitan Area [BMA] of

area of 1300 sq.kms and to provide for matters connected therewith. It

is the successor to the erstwhile City Improvement Trust Board (CITB).

1.2 Objective Planning, co-ordinating and supervising the proper and orderly

development of the area within the Bangalore Metropolitan Area and

take up developmental schemes.

1.3 Jurisdiction BDA has jurisdiction over the 1307 sq.kms of the Bangalore

Metropolitan Area, which includes the Bangalore North / South / East

and parts of Anekal and Hosakote Talukas, with the population of 5.60

million (2001 census).

1.4 Organisation Authority:- Consist of a Chairman, Commissioner, one full time

Member each with Finance, Town planning & Engineering

background, Commissioner-BMP, nominees of BWSSB, KPTCL /

BESCOM, KSRTC, nominees from the categories of MLAs, /

MLCs, SC/ST, Labour, BMP councillors and an Ex-officio

member as Secretary.

1.5 Powers &

Functions

To carry out a survey of the Bangalore Metropolitan Region and prepare

reports on the surveys so carried out.

• To formulate and implement “Development Schemes” for the

Bangalore Metropolitan Area (Section-15).

• With in any specified area of BMA, the Authority empowered to

exercise powers and functions under the Karnataka Municipal

Corporations Act 1976 for a specified period (Section-29)

• Authority empowered to acquire land by agreement or otherwise

(Section 35 & 36)

• To raise finances for any project or scheme for the development of

the Bangalore Metropolitan area and for the execution of projects /

schemes (Section 39 to 41).

• Directions by the Authority (Section- 18):- In order to carry out the

purpose of the BDA Act 1976, the Authority is empowered to issue

directions to BWSSB, KPTCL / BESCOM and such other bodies.

• Section- 81-B of the KTCP Act 1961:- The Authority is empowered

to exercise the powers and discharge the functions as Local

Planning Authority within BMA.

1.6 Master Plan BDA is the Planning Authority for the Bangalore Metropolitan Area of

1307 sq.kms and has been preparing and notifying Master Plan in terms

of section 13 of the Karnataka Town & Country Planning act, 1961. The

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139

Master Plan of 1995 for a period of 10 years had expired in 2005. In June

2005, BDA has prepared and notified a revised Draft Master Plan for the

period 2005-2015 and objections / suggestions were invited from public.

The final Master Plan 2005-2015 has already been approved by the

Government vide G. O. No. UDD 540 Be Ma Se 2004, to an extent of

1219.50 Sq. Km of Local Planning Area.

1.7 Finance The main source of funds of the BDA are as follows:

i. Grant-in-aid and other subventions received from the State

Government.

ii. Internal resources of the Authority such as receipts arising from

betterment fees / plan approval fees / penalty / misc fees collected

for performing the statutory town planning functions.

iii. Income / profit from development and sale / lease of properties in

BDA layouts.

iv. Loans raised with the approval of the Government.

1.8 Major Projects

taken up

Arakavathi Layout

i. Flyovers in various parts of the City

ii. Peripheral Ring Road of 117 kms.

Annexure - II

140

T A B L E - 3

Bangalore Water Supply and Sewerage Board [BWSSB]

1.1 Introduction: The BWSSB was constituted under an Act of the Karnataka Legislature

viz; "The Bangalore Water & Sewerage Sanitary Act 1964" notification

on 30th September 1964 and formally came into existence on 2nd

October 1964.

1.2 Objective Provide water supply and sewerage facilities in the Bangalore

Metropolitan Area and other specified areas.

1.3 Jurisdiction As above.

1.4 Organisation The Chairman and other six members of the Board are appointed by

the State Government.

1.5 Powers &

Functions

1. Providing water supply and making arrangements for the

sewerage and disposal of sewage in the existing and developing

new regions of Bangalore Metropolitan Area.

2. Investigating adequacy of water supply for domestic purpose in

Bangalore Metropolitan area.

3. Preparation and implementation of plans and schemes for supply

of water for domestic and non domestic purposes within the

Bangalore Metropolitan area to the required standards.

4. Preparation and implementation of plans and schemes for proper

sewerage and disposal of sewage of the Bangalore Metropolitan

area.

5. Levy & collection of water charges on “no loss no profit basis.”

1.6 Unique features Bangalore is one of the few cities in India, where filtered water is

supplied to the city for over 100 years. Major source of water, River

Cauvery is situated at a distance of 100 Kms. and water is pumped

against a head of 510 mtrs from the source in 3 stages. Equitable water

distribution is maintained and 100% percent metering of water

connections is achieved.

1.7 Water Sources

Source Established

during Potential (in MLD)

1) Arakavathi

a) Hesarghatta 1896 36

b) T.G.Halli 1933 148

2) Cauvery

a) Stage-1 1974 135

b) Stage-2 1982 135

c) Stage-3 1993 270

d) Stage-4 2002 270

Total 994

1.8 Major Projects Cauvery Stage-IV Phase-1:- Cauvery Water Supply

Annexure - II

141

Projects

completed

New projects

taken up

Projects

approved

under

JNNURM

Projects

proposed under

scheme stage IV phase I taken up with financial assistance from

Japan Bank for International Co-Operation, Japan. The Project was

commissioned during 2002. The cost of the project was Rs.1072

crores as under :

Rs. In crores

1) State Government (loan) 134.00

2) BDA (grant) 33.50

3) B'lore Mahanagara Palike (loan) 33.50

4) BWSSB 67.00

5) Japan Bank of International Co-operation 804.00

Total 1072.00

1) Cauvery water supply scheme (CWSS) Stage IV, Phase II to

augment additional 500 MLD water from Cauvery source by

the year 2011. Estimated cost Rs.3383.00 crores.

2) GBWASP – Providing water supply to former 8 ULBs’

surrounding Bangalore Estimated cost Rs.450.00 crores

under pooled finance structure. Work nearing completion.

1. Providing sanitation to 4 erstwhile ULBs’ viz Yelahanka,

Kengeri, R.R. Nagar & Byataranayapura. Project Cost

Rs.200 crores.

2. Projects for reuse of waste water for potable purposes in V.

Valley at an estimated cost of Rs.471.33 crores. Funding 35%

JNNURM, 15% GoK, 50% others.

3. Augmentation of 100 MLD water to provide water to 8 CMC

areas utilizing existing pumping units and transmission

main, provided under CWSS IV stage. Phase-I at a cost of

Rs.12.26 crores. Project commissioned by H.E. the Governor

of Karnataka during December 2007.

4. Providing bulk flow meters to distribution system to

monitor UFW and also to ensure equitable distribution of

water. Cost Rs.15.30 crores.

5. Rehabilitation of trunk sewers in core area to prevent the

open flow of sewage in storm water drain. Cost Rs.176.75

Crores.

i. Providing sanitation to erstwhile ULB’s viz. K.R.Puram,

Annexure - II

142

JNNURM Mahadevapura, Bommanahalli & Dasarahalli at an estimated

cost of Rs.450.00 crores.

ii. Water distribution improvement and UFW reduction at

project cost of Rs.494.00 crores.

1.9 Sewerage

Systems

At present there are twelve secondary sewage treatment plants and

two tertiary treatment plants.

Secondary Sewage Treatment Plants:

1. Vrishabhavathi valley on Mysore Road (180 MLD)

2. Koramangala / Challaghatta valley (248 MLD).

Madivala @ Madivala Lake (4 MLD)

3. Kempambudhi Lake (1 MLD)

4. Hebbal (60 MLD)

5. Kadubeesanahalli (50 MLD)

6. K. R. Puram (20 MLD)

7. Raja Canal (45 MLD)

8. Jakkur (10 MLD)

9. Nagasandra ( 20 MLD)

10. Mailasandra (75 MLD)

11. Yelahanka (10 MLD)

II. Tertiary Treatment Plants:

1. Vrishabhavathi Valley (60 MLD)

2. Yelahanka (10 MLD)

Sl.

No.

Particulars Existing

Level – MLD

Standard

Level –

MLD

1. Water supply 860 900

2. Sewerage flow @ 80% of the

water supply

688 720

3. Treatment capacity of the

primary sewage plant

718 720

Annexure - II

143

T A B L E – 3A

Consumption of Water

(in Million Litres)

Sl.

No. Year

Total

Receipt of

water

Domestic Non -

Domestic

Public

Fountains Others Total

1. 1996 – 1997 201154.34 70325.59 9000.17 54911.93 657.00 145133.99

2. 1997 – 1998 209604.69 70815.00 18656.13 54911.93 650.39 145307.53

3. 1998 – 1999 224005.80 76863.53 19714.05 54911.93 648.07 152395.67

4. 1999 – 2000 236419.81 81504.17 20282.32 55062.31 898.13 157746.93

5. 2000 – 2001 247381.66 87982.08 20681.77 54911.93 955.47 164531.25

T A B L E – 3B

Water Tariff:- The current BWSSB water tariff :-

1. Domestic Section 36(I) filtered Water:

Sl.

No. Category & Consumption

Revised Water Tariff

Per Kilo Litre Minimum Charges

I Domestic (Section – 36(I))

1. 0-8000 6.00 48.00

2. 8001-25000 9.00 201 .00

3. 25001-50000 15.00 676.00

4. 50001-75000 30.00 1326.00

5. 75001-100000 36.00 2226.00

6. 100000 & above 36.00 5826.00

Sanitary Charges for domestic connection (i). Rs. 15.00 at flat rate for consumption of

0 to 25000 liters.

(ii). From 25001 to 50000 liters 15% on

water supply charges per month.

(iii). 20% of water supply charges per

month against for consumption of

above 50000 liters.

Annexure - II

144

2. Non Domestic Section-36(IV):

Sl.

No.

Slab-wise Consumption of Water

(in K. Liters)

Revised Water

Tariff Per Kilo Litre

Minimum

Charges

I Non Domestic (Section – 36(IV))

1. 0-10000 36.00 360.00

2. 10001-20000 39.00 390.00

3. 20001-40000 44.00 750.00

4. 40001-60000 51.00 1630.00

5. 60001-100000 57.00 2650.00

6. 100000 & above 60.00 4930.00

II Industries 60.00 (per kilo liter)

IIA Bidadi Industrial Area 51.00 (per kilo liter)

III Lorry Loads 250.00 (per Load)

IV Swimming Pools 60.00 (per kilo liter)

V Public taps

Section 36 VII 3000.00 (per kilo liter)

3. Sanitary Charges

Rs. 15/- at flat rate for

consumption of 0 to 8000 liters

and 8001 to 25000 liters

15% of water supply charges per

month for consumption of above

25000 liters upto 50000 liters

I Domestic connection

20% of water charges per month

for consumption of above 50000

liters

II All non Domestic Connection From 10% to 20% of water

charges for month

For Premises having water supply and UGD

connection but supplementing water supply by

tanker/borewells.

a. Domestic and Apartment

III

b. Non-Domestic

Rs. 50/- per month per individual

house per flat Revised from

Rs.200 to 300 per month per HP

of borewell

Annexure - II

145

Premises not having water supply connection

from BWSSB but having only UGD connection

IN ADDITION TO SANITARY CHARGES:

Hotels having boarding and lodging

supplementing water supply by tankers in

addition to borewells

Rs.300/- per month

(i) Non Star Hotels Rs.1,000/- per month

(ii) 3 Star Hotels & above Rs.3,000/- per month

IV

(iii) 5 star Hotels & above Rs.10,00/- per month

V For Hospitals/Nursing Homes supplementing

water supply by tankers in addition to borewell

(i)

Nursing Home & Hospitals having 100

beds Rs. 2500/- per month

(ii)

Hospitals/Nursing Homes having more

than 100 beds Rs. 5000/- per month

Annexure - II

146

T A B L E – 4

Bruhat Bangalore Mahanagara Palike (BBMP)

1.1 Introduction BBMP is the second largest Municipal Corporation in India, after

Delhi. It is responsible for creation and maintenance of the civic and

infrastructural assets of the City of Bangalore. It was formerly known

as the Bangalore Mahanagara Palike (BMP).

1.2 Objective The BBMP represents the third level of local self government mandated under the 74th amendments to the Constitution. It is an

Urban Local Body with obligatory welfare functions and other

responsibilities. The BBMP is responsible for civic and infrastructural

requirements of the city. It works in conjunction with other civic bodies

such as BDA, BWSSB, BESCOM & Traffic Police.

1.3 Jurisdiction BBMP is spread across an area of approximately 800 sq. kms. With a

population of 5.8 million as per 2001 census.

1.4 Organisation BBMP was formed by merging 8 urban local bodies and 110 villages

with the erstwhile Bangalore Mahanagara Palike. The BMP was run by

a council compromising 100 elected representatives, called

‘Corporators’, one from each of the 100 wards (localities) of the city.

Elections to the Council are held once every 5 years under the KMC

Act, with results being decided by popular vote. The Mayor and

Deputy Mayor of the Council are also elected for a period of 1 year,

though not by popular vote. The post of the Mayor and Deputy Mayor

are filled through a quota system and indirect election by corporators.

1.5 Powers &

Functions

BBMP’s role and responsibilities include the "orderly development of

the city" including infrastructure development, building regulations,

health, hygiene, trade licensing, education, as well as quality of life

issues such as lung spaces, water bodies, parks and greenery (Sections

57 to 70)

1.7 Finance BBMP has been vested with the powers to levy certain taxes

and fees (Section 103). It also receives the State Government

grants under the SFC devolution. The main sources of its

revenues are from

(a) Tax Revenue (tax on building and lands, Advertisement

tax)

(b) Non-Tax Revenue (License fee for regulating the

building construction, trade license fee, lease, rentals

and other fees)

BBMP can also raise loans from Central and State

Governments and Financial Institutions to meet

expenditure under capital heads of accounts.

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147

T A B L E – 5

Directorate of Municipal Administration

1.1 Introduction: The Municipal bodies in Karnataka are governed by the

provisions of the

(i). Karnataka Municipalities Act, 1964 (for City

Municipalities, Town Municipalities and Town

Panchayats) and

(ii). Karnataka Municipal Corporations Act, 1976 (for City

Corporations).

1.2 Objective Municipal Bodies are the third tier of local self governments

mandated under the 74th amendments to the Constitution. They

are invested with corporate personality with obligatory welfare

functions and optional functions. The administration is through

elected representatives.

1.3 Jurisdiction As individually notified under the provisions of The Karnataka

Municipalities Act, 1964 (Section-3)

1.4 Organisation Four categories viz; viz;

(i) City Corporations,

(ii) City Municipalities,

(iii) Town Municipalities and

(iv) Town Panchayats, depending upon the graded scale of

population. (Section 3 & 11 of the Karnataka

Municipalities Act, 1964 and Section 3 of the Karnataka

Municipal Corporations Act, 1976).

At present there are 7 City Corporations, 44 City Municipal

Councils, 94 Town Municipal Councils and 68 Town Panchayats

in the State.

1.5 Powers &

Functions

Obligatory functions:-

(a) supply of drinking water

(b) providing and maintaining drainage and sewage

systems

(c) public street lighting

(d) maintaining sanitation and hygiene of public places,

(e) construction and maintenance of bus terminals, roads,

culverts and bridges,

(f) maintenance of public parks and gardens,

(g) ensuring systematic / planned urban growth,

(h) regulation of building construction,

(i) licensing of trade activities and

(j) maintenance of birth and death records etc.

Discretionary functions:- Education, health care, community &

Annexure - II

148

recreational services, urban transport etc depending upon each

urban local body’s [ ULB] resources. Of late the sphere of activity

of municipalities has been extended to implementation of special

economic development / poverty alleviation programmes like

SJSRY.

1.6 Supervision &

Control-

Directorate of Municipal Administration (DMA) supervises the

functioning of the municipalities, work out suitable human

resource policies, exercise disciplinary control over the staff of

municipalities, monitor the tax collection of ULBs, lay down

policies for transparency in expenditures, hear appeals against

the decisions of municipalities. It also releases the Government

transfers to the ULBs, and implement schemes like SJSRY (for

urban poverty alleviation), IDSMT, UIDSSMT, Nirmala Nagar,

KMRP. DMA also collects municipal statistics, inspects

municipalities, interacts with elected representatives and the

employees to find out specific problems of urban administration

and urban municipal services and work out the solutions.

Government directly supervises the functioning of the City

Corporations.

1.7 Finance Municipalities have been vested with the powers to

levy certain taxes and fees. Also, the State

Government transfers a portion of its general revenues

to the urban local bodies. The main sources of income

of the municipalities are derived from (a) taxes on

building and lands, (b) user charge for water supply

(c) license fee for regulating the building construction

activities and fee from other trade license. The

municipalities can also raise loans from Central and

State Governments and Financial Institutions to meet

expenditure under capital heads of accounts.

Annexure - II

149

T A B L E – 6

Bangalore Metropolitan Transport Corporation (BMTC)

1.1 Introduction: The then Government of Mysore took over the city transport

from the private company by an Act and ran buses upto 10- mile

radius in the city in 1956 calling it Bangalore Transport Service

[BTS]. BTS became one of the divisions of KSRTC. However

keeping in view the special urban transport needs of Bangalore,

BMTC was incorporated as a separate Corporation on 15-8-1997.

1.2 Objective To provide a reliable, efficient, safe and self sustaining, cost

effective urban transport services to the Bangalore City and

surrounding areas.

1.3 Jurisdiction BMTC’s operational jurisdiction extends upto a radius of 25 kms

from the outer limits of BBMP

1.6 Functional

Highlights

1. Operate 4726 schedules every day as on 06.02.08

2. Deploy a fleet of 4790 buses

3. BMTC operates 66783 trips and logs 11.04 lakh Kms per

day.

4. Carry 35.00 Lakhs Passengers and earn on an average

around Rs. 202 lakhs.

5. Services offered include City, Sub-urban, Pushpak, Vajra

(with Volvo vehicles) and special services like Bangalore

Rounds etc.

6. Concessional Passes to specified user categories.

1.7 Finance Today, BMTC is the only profit making urban transport operator

in the country. During 2005-06, BMTC recorded a gross income of

Rs. 887.58 crores and a surplus of Rs. 224.32 crores.

LIST OF PERSONS WHO PARTICIPATED IN

CONSULTATIVE WORKSHOPS AND MEETINGS

List of Persons Who Participated in Consultative Workshops and Meetings

150

I - Members of Parliament, Legislative Assembly and

Legislative Council of Karnataka

1. Smt. Prema Cariappa, Member of Parliament

2. Sri Ramachandra Gowda, Member of Legislative Council and Former

Minister.

3. Sri Ashok. R, MLA, Uttarahalli and Former Minister.

4. Sri Ramalingareddy, MLA, Jayanagar, Bangalore

5. Sri Somanna. V, MLA, Binnypet, Bangalore

6. Smt. Nafisa Fazal, Member of Legislative Council

7. Sri Chandrashekar. K, MLA, Basavanagudi, Bangalore

8. Sri Dinesh Gundurao, MLA, Gandhinagar, Bangalore

9. Sri Narendra Babu. N. L., MLA, Rajajinagar, Bangalore

II - Experts and Eminent Citizens:

10. Sri Ramachandran, IAS, Secretary to Govt. of India, Ministry of Urban

Development, New Delhi.

11. Sri Mani Narayanaswamy, IAS [Retd.], Bangalore.

12. Sri S. Krishna Kumar, IAS [Retd.], Former Secretary to GoI, Bangalore.

13. Sri P. S. S. Thomas, IAS [Retd.], Indira Nagar, II Stage, Bangalore

14. Dr. M. R. Sreenivasan, Former Chairman, Atomic Energy

Commission, Bangalore.

15. Sri K. C. Reddy, Technical Advisor to Hon’ble Chief Minister,

Vidhana Soudha, Bangalore.

16. Prof. P. Balaram, Director, Indian Institute of Science, Bangalore.

17. Dr. P. V. Shenoy, Former Director, ISEC, Bangalore

18. Capt. G. R. Gopinath, Managing Director, Air Deccan Ltd., Bangalore.

19. Sri M. Lakshminarayana, Managing Director, Motor Industries

Company Ltd., [MICO], Bangalore.

20. Dr. Devaki Jain, Founder Trustee, Singamma Sreenivasan

Foundation, Taranga, Bangalore.

21. Sri Mukund Rao, Former Deputy Director of ISRO & CEO.


151

III - Representatives of NGO’s and CBO’s

NGOs

22. CARTMAN – Prof. N. S. Ramaswamy.

23. Swabhimana – Sri. G. Govardhan.

24. Public Affairs Centre [PAC] – Dr. K. S. Murthy, Director.

25. CIVIC – Ms. Kathayani Chamaraj.

26. Citizen Action Forum – Sri Mathew Thomas.

27. AVAS – Sri Madhusudan.

28. AWAKE – Sri Muralidhara Rao.

29. Kissan Sangha – Sri Narayana Reddy, President.

30. Bangalore Environment Trust

31. Ms/ Traffic Education and Safety Trust

32. Karnataka Kolageri Nivasigala Okkuta

33. JANAAGRAHA

34. Women’s Voice.

35. SURAKSHA

36. Poverty Education & Rural Development.

37. Akila Bharathiya Grahak Panchayat

38. IDF, Gem Wellington

39. CWC, Bangalore.

CBOs & Induviduals

40. S. Jayaram, RMV II Stage, Ward No. 100

41. B. S. Venkatalu, Sanjay Nagar Citizens Committee

42. R. C. Dutta, Sanjayanagar

43. R. Ashwathanarayana, Vijayanagar Nagarikara Vedike, Bangalore

44. P. Sheshadri, Vijayanagar Nagarikara Vedike, Bangalore

45. Maja P. Karur, The Koramangala Initiative.

46. Sanjaya Reddy, Ward No. 100

47. Vinay Baindur


152

48. Shivakumar

49. Dr. C. S. Kanambargi Matt. Ward No. 100

50. Vinod Vyasalu, CPBS

51. Ravindranath Guru, Consumer Care Society, Bangalore

52. E. T. Ponnukuttan, RTCA, Richmond Town, Bangalore.

53. B. K. S. Bangalore

54. Syed Rasheed Ali

55. Jayashri Ravindra, Grahak Shakthi

56. Lalitha Kamat

57. S. Sundara, A. B. Grahak Parishat, RR Nagar, Bangalore

58. M. N. Shenoy, Vijayanagar Nagarikara Vedike, Bangalore

59. Roshan D. Souza, CASUMM

60. T. C. Shivaswamy, Akila Bharathiya Grahak Panchayat, Bangalore.

61. Rakesh Sharma

IV - Representatives of Trade Bodies and Associations

62. Sri R. C.Purohit, President, Federation of Karnataka Chambers of

Commerce & Industry, Bangalore.

63. Sri P. Prithivi Raj, President, KASSIA, Bangalore

64. Ms. Sandya Satwadi, Confederation of Indian Industries [CII]

65. Sri Venkat Kedilaya, President, Bangalore Chamber of Industry &

Commerce

66. Sri P. S. Sreekanta Dutta, President, Peenya Industries Association,

Bangalore

67. Sri Dayanand, President, Bommasandra Industries Association.

68. Dr. Manmohan R Kalgal, Secretary General, Association of

Consulting Civl Engineers India, Bangalore.

69. Sri K.Subramani, Chairman, Builders Association of India, Bangalore.

70. Sri G. P. Mathur, Chairman, Indian Institute of Architects, Bangalore

71. Rt. Lt. Col. A. V. Mohanchandran, Executive Director, Electronic City

Industries Association, Bangalore


153

72. Dr. Chowde Gosda, Chairman, Karnataka State Centre Institution of

Engineers [India], Bangalore.

73. Sri G. Ashwathanarayana, KSCIE, Bangalore

74. Sri N. Thyagaraj, KSCIE, Bangalore

75. Sri A. S. Kodandapani, KSCIE, Bangalore

76. Sri L. Muralikrishan, KSCIE, Bangalore

77. Sri V. M. Hegde, President, institute of Town Planners, Bangalore

78. Sri Dayanand Reddy, President, Karnataka Land Developers

Association, Bangalore.

79. Sri Balakrishana, President, Karnataka Apartment Owners

Association [KOAPA], Bangalore.

80. Sri Srinivasan Desikachari, Executive Secretary, Karnataka

Apartment Owners Association [KOAPA], Bangalore.

81. Sri Ramani Shastri, President CREDAIG, Bangalore.

82. Sri M. R. Jayashankar, Brigade Group, Bangalore

83. Sri K. B. Arsappa, PIA, Bangalore

84. Sri C. S. Pramesh, PIA, Bangalore

85. Sri Santhosh Shetty, Mathur and Associates, Bangalore

V - Government Officers and other Resource Persons

86. Sri A. K. Agarwal, IAS, Addl. Chief Secretary, and Chairman

KUIDFC, Bangalore.

87. Sri Dilip Rau, IAS, ACS & Administrator BBMP

88. Sri K. Jairaj, IAS, Commissioner, BBMP

89. Sri Sudhir Krishna, IAS, Metropolitan Commissioner, BMRDA

90. Sri Madhu V, IAS, MD, BMRCL Ltd.

91. Ms. Lakshmi Venkatachalam, IAS, Principal Secretary to Govt,

Planning, Programme Monitoring and Statistics Department.

92. Sri K. Jothiramalingam, IAS, Principal Secretary, UDD

93. Dr. Upendra Tripathy, IAS, Managing Director, BMTC, Bangalore

94. Sri Subhash Chandra, IAS, Secretary [M&UD], UDD

95. Sri M. K. Shankarlinge Gowda, IAS, Commissioner, BDA


154

96. Sri N. C. Muniyappa, IAS, Chairman, BWSSB

97. Sri Jawaid Akhtar, IAS, Managing Director, KUIDFC

98. Sri B. P. Kaniram, IAS, Director, Municipal Administration

99. Sri Gaurav Gupta, IAS, SpecialCommissioner, BMP

100. Sri Harsh Gupta, IAS, Joint Commissioner [Works], BBMP

101. Sri N. Sriraman, IAS, Addl. Metropolitan Commissioner, BMRDA.

102. Sri V. B. Patil, IAS, Joint Managing Director, KUIDFC

103. Sri Venkataramana N Naik, KAS, Joint Commissioner [Admn.] BBMP

104. Sri S. O. Nagaraj, KAS, Joint Commissioner, BBMP

105. Sri Yeshvanth V, KAS, Joint Commissioner [South] BBMP

106. Sri Jayaram N, KAS, Joint Commissioner, BBMP

107. Sri ArifullaSheriff, KAS, GM-Admn, KUIDFC, Bangalore

108. Sri Sridhar, Addl. Chief Engineer, BWSSB.

109. Sri K. Lakshmipathi, JD [Planning] UDD

110. Sri Panduranga Naik, KAS, Joint Commissioner, BBMP.

111. Sri V. Chandra Mohan, Executive Director [Finance] KUIDFC

112. Sri Mandanna, Asst. Commissioner and Spl. Officer to Commissioner

BBMP

113. Sri Manjunath J, CFO, [JNNURM], BBMP

114. Dr. J. V. Nandan Kumar, Dy. General Manager [A/cs], KUIDFC

115. Sri S. L. Narasimhan, Nodal Resource Person, Expert Committee

116. Sri Sudhir Krishanaswamy, Asst. Professor of Law, NLSUI and

Nodal Legal Resource Person, Expert Committee, BBMP

117. Sri Aijaj Ahmed, Joint Director, Town Planning, KHB.

118. Sri Niranjan R. Naik, Assistant Director, Town Planning, KHB.

119. Sri P. Bathanlal, Advisor, MRC, KUIDFC, Bangalore

120. Sri Joseph S. Mariraj, Asst. General Manager [Admn & C&ER]

121. Sri Syed Atheequlla, Social Development Officer, KUIDFC

122. Sri Ramachandra Bhat, Account Assistant, KUIDFC

123. Sri Bharkathullakhan Lodi, Programmer, KUIDFC

Dr. Kasturirangan Committee Report on BBMP

Documents

vijayanagar

urban indicators

regular medical

tertiary treatment

bangalore

real estate

supervise

streamline